Belding v. Vaughan
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. As the contract stands it is appellee’s personal note.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. As the contract stands it is appellee’s personal note. There is no ambiguity nor doubtful meaning in it, and the court will construe it as made, without supplying or rearranging its words. 150 S. W. (Ark.) 858. If there is any doubt as to its meaning or if it is susceptible of two constructions, it should be construed most strongly against appellee, a practicing lawyer, who wrote it. 153 S. W. (Ark.), 101, 103. 2. One who describes himself and deals as agent of a corporation not in existence is personally liable. 1…
1Opinion of the CourtMcCulloch, C. J.
Appellants sued appellee in the circuit court of Pulaski County to recover, upon written contract, the sum of $3,000 for the lease of a patented machine or device called a “Rectigraph,” used in photographing records.
Appellee denied personal liability under the contract, and the case was tried before a jury. Both sides, without asking that the disputed questions of fact be submitted to the jury, requested the court to give a peremptory instruction in their respective favor, and the court gave a peremptory instruction in favor of appellee.
The case stands here, therefore, upon the sole question…
2Cases cited4 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Vaugine v. TaylorSupreme Court of Arkansas · 1856
- St. L., I. M. & S. Railway Co. v. BeidlerSupreme Court of Arkansas · 1885
3Cited by11 opinions
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Stokes v. RobertsSupreme Court of Arkansas · 1986
- Weeks v. San Angelo Nat. BankCourt of Appeals of Texas · 1933
- Deloney v. DillardSupreme Court of Arkansas · 1931
- Walden v. FallisSupreme Court of Arkansas · 1926
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