Harris v. Edwards
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. The court should have directed a verdict as requested in instruction No. 1 for appellant. If Edwards ever really made a contract after he became the owner of the flour, it was a verbal contract for more than $30 and void under the statute of frauds. Kirby’s Digest, § 3656. The court should also have given No. 5, as asked by appellant.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. The court should have directed a verdict as requested in instruction No. 1 for appellant. If Edwards ever really made a contract after he became the owner of the flour, it was a verbal contract for more than $30 and void under the statute of frauds. Kirby’s Digest, § 3656. The court should also have given No. 5, as asked by appellant. The testimony settles every feature of the case in favor of appellant, and the court refused to instruct the jury on appellant’s theory of the case at all. This was a justice of the peace case, and the…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellee against appellant on the 2d day of March, 1916, before a justice of the peace in Conway County, to recover the sum of $210 for an alleged balance due upon a loan to purchase one car of flour.
Appellant answered, denying that he was indebted to appellee for a balance due upon a car of flour.
The cause was submitted to the jury upon the written pleadings and the evidence adduced, upon which the jury returned a verdict in favor of appellant. An appeal was prosecuted to the circuit court, where the cause was again heard upon the pleadings, testimony and…
2Cases cited1 opinion
- Meddock v. WilliamsSupreme Court of Arkansas · 1909
3Cited by2 opinions
- Antrim v. McKelroySupreme Court of Arkansas · 1958
- Arkansas State Highway Comm'n v. LemleySupreme Court of Arkansas · 1971