Fort Smith Lumber Co. v. Baker
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; M. L. Davis, Judge; The verdict is contrary to the law and evidence. The court erred in permitting plaintiff to recount his experiences in farming and in permitting the booklet to be read as evidence. Also in permitting witnesses to testify that the lands were not suitable for general farming purposes and in giving mid refusing instructions. There were no such representations.
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Appeal from Yell Circuit Court, Dardanelle District; M. L. Davis, Judge; The verdict is contrary to the law and evidence. The court erred in permitting plaintiff to recount his experiences in farming and in permitting the booklet to be read as evidence. Also in permitting witnesses to testify that the lands were not suitable for general farming purposes and in giving mid refusing instructions. There were no such representations. Appellee got what he wrote for — “fruit land. ’ ’ All the statements in the booklet were mere matters of opinion. 47 Ark. 148. 2. The principles of law in this case…
1Opinion of the CourtHart, J.
H. D. Baker sued the Fort Smith Lumber Company to recover damages which he alleges he sustained by reason of the defendant’s false and fraudulent representations concerning forty acres of land which he purchased from it. The material facts are as follows:
The plaintiff lived in West Chester County in the State of New. York. The defendant was a domestic corporation owning about 35,000 acres of cut-over lands in Yell and Perry counties in Arkansas, which it was advertising for sale. They advertised their land 'by an illustrated booklet entitled “The Up-Lands of Arkansas.” It described in a…
2Cases cited1 opinion
- Matlock v. ReppySupreme Court of Arkansas · 1886
3Cited by12 opinions
- Clay v. BrandSupreme Court of Arkansas · 1963
- Cartwright v. HughesSupreme Court of Alabama · 1933
- Danielson v. SkidmoreSupreme Court of Arkansas · 1916
- Cleveland v. BiggersSupreme Court of Arkansas · 1924
- Kotz v. RushSupreme Court of Arkansas · 1951
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