O'Leary v. Keith
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. J. H. Keith’s testimony as to verbal communications made to the foreman was improperly admitted. 2. A deduction of fifty cents a barrel should have been allowed on Russell Keith’s testimony. 3. The -court erred in refusing instructions 1 and 2. Payment in full was made, and there was an accord and satisfaction as the checks were given “in full payment.” 170 S. W. 483, 49 Ark. 235; 94 Id. 158; 98 Id. 269; 100 Id. 251;…
Read the full summary
Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. J. H. Keith’s testimony as to verbal communications made to the foreman was improperly admitted. 2. A deduction of fifty cents a barrel should have been allowed on Russell Keith’s testimony. 3. The -court erred in refusing instructions 1 and 2. Payment in full was made, and there was an accord and satisfaction as the checks were given “in full payment.” 170 S. W. 483, 49 Ark. 235; 94 Id. 158; 98 Id. 269; 100 Id. 251; 122 Id. 212. 1. Keith’s testimony was not prejudicial. 2. There was no error in refusing instructions 1 and 2. There was…
1Opinion of the Court
WOOD, J.,
(after stating the facts). There was a sharp conflict in the evidence as to whether the apples delivered by the appellee to the appellant, under the contract of purchase, were of such quality and grade, and whether they were packed in such manner, as to comply with the contract. The issue, therefore, as to whether the appellee had broken his contract in these respects was one of fact for the jury and was submitted under correct instructions. The verdict against the appellant is, therefore, conclusive here. Moore v. Thomas, 132 Ark. 97.
The testimony of appellee to the effect that he…
2Cases cited6 opinions
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- Cunningham Commission Co. v. Rauch-Darragh Grain Co.Supreme Court of Arkansas · 1911
- Wilks v. SlaughterSupreme Court of Arkansas · 1887
- Barham v. KizziaSupreme Court of Arkansas · 1911
- Longstreth v. HalterSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Collier Commission Co. v. WrightSupreme Court of Arkansas · 1924
- Cromer v. HenrySupreme Court of Arkansas · 1942
- Market Produce Company v. HollandSupreme Court of Arkansas · 1931
- Cypress Drainage District v. BlairSupreme Court of Arkansas · 1922
- Joy Rice Milling Company v. BrownSupreme Court of Arkansas · 1925
1 more not listed; retrieve them via the Exa API.