Ozark Fruit Growers Ass'n v. Tetrick
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; Defendant acted only as agent to sell upon a commission. There is no proof whatever of a sale, and hence no evidence whatever to sustain the verdict. Defendant had no power to buy; its powers were limited by its charter to acting as agent for others.
1Opinion of the CourtHumphreys, J.
Charles Tetrick and Roy Broad-hurst, partners, brought suit against appellant in the Benton Circuit Court to recover $144.43, representing an alleged balance due them on a commission contract for the sale of three cars of green apples at a mini mum of 70 cents per hundred-weight, f. o. b. cars, Avoca, Arkansas, less 5 per cent, commission for making the sale.
Charles Tetrick and Dwight Lee, partners, also brought suit against appellant for $217.15, representing an alleged balance due them on a commission contract of similar import.
Appellant answered, denying the material allegations in each…
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