Arkadelphia Milling Co. v. Green
Supreme Court of Arkansas
Appeal from Clark Circuit Court; C. W. Smith, Judge on exchange; 1. There is -no evidence that it was within the scope of J. A. Carr’s authority to pledge the credit of the Arkadelphia Milling Company for goods furnished to defendant, W. W. Brown, by Green. 105 Ark.
Read the full summary
Appeal from Clark Circuit Court; C. W. Smith, Judge on exchange; 1. There is -no evidence that it was within the scope of J. A. Carr’s authority to pledge the credit of the Arkadelphia Milling Company for goods furnished to defendant, W. W. Brown, by Green. 105 Ark. Ill; 132 Ark. 155; 31 Id. 212. 2. The evidence establishes conclusively that plaintiff Green did not look solely to Arkadelphia Milling Company in the first instance for payment but rather as surety. 102 Ark. 435. 3. A parol promise actually made by a fully authorized agent, if it is a collateral promise, is void under the statute…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant and W. W. Brown in the Clark Circuit Court, to recover $269.83, with interest at six per cent, per annum from August 23,1917, on account of goods and merchandise sold and delivered to them.
~W. W. Brown filed a separate answer, admitting appellee delivered the goods and merchandise to him, but alleging the sale and delivery was under an agreement with appellant to pay for them.
Appellant filed a separate answer, denying the sale and delivery of any goods or merchandise to it or to W. W. Brown for it on the dates alleged, and, by way of further defense,…
2Cases cited3 opinions
- Millsaps v. NixonSupreme Court of Arkansas · 1912
- Liddell v. SahlineSupreme Court of Arkansas · 1891
- Three States Lumber Co. v. MooreSupreme Court of Arkansas · 1918
3Cited by5 opinions
- Marquette Cement Mfg. Co. v. Campbell Const. Co., IncCourt of Appeals for the Sixth Circuit · 1950
- Southern Bauxite Co. v. Brown-Pearson Cash Feed StoreSupreme Court of Arkansas · 1926
- Hal H. Peel & Co. v. HawkinsSupreme Court of Arkansas · 1927
- Black Bros. Lumber Co. v. VarnerSupreme Court of Arkansas · 1924
- Bartlett v. YochumSupreme Court of Arkansas · 1922