Smith v. Westlake
Supreme Court of Arkansas
Appeal from Perry 'Circuit Court; John W. Wade, Judge; The court’s oral instruction was misleading and erroneous. There is no dispute about the credit having been extended to Westlake. It is admitted that the charge was made to him on the books and on the bills presented to him.
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Appeal from Perry 'Circuit Court; John W. Wade, Judge; The court’s oral instruction was misleading and erroneous. There is no dispute about the credit having been extended to Westlake. It is admitted that the charge was made to him on the books and on the bills presented to him. The court erred in refusing to instruct the jury, as requested by appellant, to the effect that if Westlake, referring to Weems’ account, told appellant, “I’ll see it paid,” it was equivalent to saying, “I’ll pay the account” 40 Ark. 430; 12 Id.. 179; 88 Id. 592. It is a mistake to say tliat there is no dispute about…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit In the Perry Circuit Court against appellee J. E. Westlake upon an individual account for $399.05, and appellees jointly upon an account for $502.37 and a note for $150. An answer was filed, admitting the indebtedness upon the note in the sum of $150 with interest, by both appellees, the individual indebtedness for $399.05 on open account by appellee J. E. Westlake, and the individual indebtedness of $502.37 on open account by M. L. Weems, and denying individual or joint liability on open account for $502.37 by appellee J. E. Westlake. Judgment by confession was…
2Cases cited1 opinion
- Swaboda v. Throgmorton-Bruce Co.Supreme Court of Arkansas · 1909
3Cited by1 opinion
- Jackson v. PoolSupreme Court of Arkansas · 1937