McDaniel v. Parks
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Hon. James L. Witherspoon, Special Judge. Declaration bad for joinder of counts for liability as administrator and individually. 1 Tuld's Pr. 11, 12, 13; 3 Barn. & Aid. 101; 2 Saund.
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Appeal from Hempstead Circuit Court. Hon. James L. Witherspoon, Special Judge. Declaration bad for joinder of counts for liability as administrator and individually. 1 Tuld's Pr. 11, 12, 13; 3 Barn. & Aid. 101; 2 Saund. R. 117. If the plaintiff seeks to recover on an express contract, the law cannot imply one. 2. Pick. 275; 9 Ala. 108. First instruction of plaintiff wrongfully given — also the fourth; because plaintiff should have used reasonable diligence to hate obtained employment. 3 Grscvl. 51, 55. 4 Eng. 401. Implied contractas binding as an express, when proved; and if a party sees and…
1Opinion of the CourtChief Justice English
On the 28th of August, 1854, Parks brought assumpsit against McDaniel, as administrator of Finn, in the Hempstead Circuit Court. There were three counts in the declaration.
• l. A special count, alleging that on the first of January, 1854, Finn employed the plaintiff to oversee his plantation for twelve months, for which he agreed to pay him $350. That the plaintiff entered into the service of Finn, under the contract, and faithfully discharged his duties until the death of Finn, and from thence until the 22d of April, 1854, when there was due to the plaintiff, under the contract, $200, and…
2Cases cited2 opinions
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
- Bomford v. GrimesSupreme Court of Arkansas · 1856
3Cited by5 opinions
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- Mount Hope Cemetery Ass'n v. WeidenmannIllinois Supreme Court · 1891
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- Van Winkle v. SatterfieldSupreme Court of Arkansas · 1894
- McPherson v. SmithSupreme Court of Arkansas · 1959