Co-operative Stores Co. v. Marianna Hotel Co.
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; I. The evidence, if legally admissible, is not sufficient to sustain the verdict. No authority in Morris was shown to make the lease or ratify it. The proof only shows that Morris was general manager.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; I. The evidence, if legally admissible, is not sufficient to sustain the verdict. No authority in Morris was shown to make the lease or ratify it. The proof only shows that Morris was general manager. A verdict should have been instructed for defendant. 2. The testimony of Dudley and Pate in the motion for new trial was not legally admissible to show that Morris was the general manager. 3. The court erred in giving and refusing instructions, and such error was prejudicial. 105 Ark. Ill, 114; 92 Id. 315; 10411.150. 1. AppellaUt not having…
1Opinion of the CourtWood, J.
(after stating the facts).(1) The answer contained only a general denial of the contract and the indebtedness. It does not raise the issue of the agency of Morris or of his authority to make the contract. The answer did not deny that appellant was a corporation. On the contrary, it expressly admitted that it was a corporation. So the only issue tendered by the answer was as to whether or not there was a contract and an indebtedness.
The uncontradicted evidence on the part of the . appellee was to the effect that Morris was the general manager of the appellant and that as such he authorized the…
2Cases cited3 opinions
- Walnut Ridge Mercantile Co. v. CohnSupreme Court of Arkansas · 1906
- Simon v. CalfeeSupreme Court of Arkansas · 1906
- Arkansas Amusement Ass'n v. HigginsSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Robertson v. WhiteDistrict Court, W.D. Arkansas · 1986
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.District Court, W.D. Arkansas · 1959
- Opinion No., Arkansas Attorney General Reports1991