Furst & Thomas v. Dewberry
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. Appellants were not a corporation. There is no evidence to that effect. 2. Nor is it proved that they were acting as the agent of a corporation. Appellants purchased the goods outright and the relation of vendor and vendee was established. 168 S. W. 182. See also 180 Id. 21; 163 Id. 662; 115 Ark. 166; 124 Id. 539; 115 Id. 166. 3. Appellants were partners. It was error to take the case from the jury.
1Opinion of the CourtWood, J.
This is an action by the appellants against the appellees on an itemized account filed with the justice of the peace. The appellees do not dispute the account. They defended on the ground that Dewberry obtained goods under a contract which constituted him the agent of appellants for the sale of the goods, and that the relation between Dewberry and appellants was that of principal and agent, and not that of seller and purchaser. They further contend that appellants were a corporation, and had failed to comply with the law authorizing them to transact business in this State.
A contract was…
2Cited by1 opinion
- Forrester v. LockeSupreme Court of Arkansas · 1921