Swift v. Erwin
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. The court erred in sustaining the motion to make complaint more specific. The demurrer should have been overruled. 2. If the doctrine of ultra vires applies, it should be met by evidence. Demurrer is not the remedy.
Read the full summary
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. The court erred in sustaining the motion to make complaint more specific. The demurrer should have been overruled. 2. If the doctrine of ultra vires applies, it should be met by evidence. Demurrer is not the remedy. Verbal and mixed contracts have been upheld by this court. 90 Ark. 301; 92 Id. 213; 93 Id. 606; 94 Id. 572; 96 Id. 456; lb. 506. 1. The burden was on appellant to show that Hamiter was the agent of Erwin, and within the scope of his authority. 31 Cyc. 1043; 46 Ark. 133. The motion to make the complaint more…
1Opinion of the CourtFrauenthal, J.
This was a suit brought by P. B. Swift, the plaintiff below, for the specific performance of an alleged contract made by the agent of the defendants to sell and convey to him certain lands situated in Miller County. In his original complaint he alleged that the defendants were nonresidents of the State, and through their agent, resident of this State, had entered into a written contract by which they had sold the land to him, and this contract was made an exhibit to the complaint. Thereupon the defendants entered their appearance and moved the court to require the plaintiff to make his…
2Cases cited14 opinions
- De Sollar v. HanscomeSupreme Court of the United States · 1895
- Black v. MaddoxSupreme Court of Georgia · 1898
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Dyer v. DuffyWest Virginia Supreme Court · 1894
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Rhode v. GallatSupreme Court of Florida · 1915
- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- Moeller v. Theis Realty, Inc.Court of Appeals of Arkansas · 1985
- Adler v. AdlerSupreme Court of Georgia · 1961
- City of Tuskegee v. SharpeSupreme Court of Alabama · 1973
19 more not listed; retrieve them via the Exa API.