Long v. McDaniel
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. statement by the court. E. A. Long was the owner of a building in Forrest City, Ark., known as the “Imperial Hotel.” One of the lower rooms of the building was rented by Long to D. F. Keath to be used as a barber shop. S. P. McDaniel, a plumber, fitted up this room with bath tubs, a range, boiler and heater, drain pipes, etc.
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Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. statement by the court. E. A. Long was the owner of a building in Forrest City, Ark., known as the “Imperial Hotel.” One of the lower rooms of the building was rented by Long to D. F. Keath to be used as a barber shop. S. P. McDaniel, a plumber, fitted up this room with bath tubs, a range, boiler and heater, drain pipes, etc. He after-wards brought his action against Long, the owner of the building, to recover $186.40, the value of his work and labor, and for material and merchandise furnished in making such improvements. The…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The question presented by this appeal is whether the promise of the defendant upon which the plaintiff seeks to recover comes within the statute of frauds, and is invalid because not in writing. Counsel for defendant contends that, conceding the testimony of plaintiff to be true as the jury has found it, the substance of the whole transaction was an agreement by the defendant Long to pay the debt of the barber Keath, and that such an agreement is within the statute, and must be in writing in order to bind the defendant. But, while the price of the work…
2Cases cited1 opinion
- White v. . RintoulNew York Court of Appeals · 1888
3Cited by11 opinions
- Millsaps v. NixonSupreme Court of Arkansas · 1912
- Leifer Manufacturing Co. v. GrossSupreme Court of Arkansas · 1910
- E.P. Dobson, Inc. v. RichardCourt of Appeals of Arkansas · 1986
- Scott v. MooreSupreme Court of Arkansas · 1909
- Zimmerman v. HoltSupreme Court of Arkansas · 1912
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