Ayer & Lord Tie Co. v. Martin
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. The verdict is not supported by the evidence. 37 Ark. 164. 2. When there is a conflict in the testimony of witnesses who are alike unimpeached and have equal opportunities of obtaining information, etc., the testimony of the greater number ■will -prevail. 20 Ark. 600. 3. Plaintiff violated his contract and cannot recover. . 61 Ark. 61; 7 Id, 130; 38 Id. 178; 2 Id. 370; 38 Id. 102; 19 Id. 262 ; 65 Id. 320; 75 Id.…
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. The verdict is not supported by the evidence. 37 Ark. 164. 2. When there is a conflict in the testimony of witnesses who are alike unimpeached and have equal opportunities of obtaining information, etc., the testimony of the greater number ■will -prevail. 20 Ark. 600. 3. Plaintiff violated his contract and cannot recover. . 61 Ark. 61; 7 Id, 130; 38 Id. 178; 2 Id. 370; 38 Id. 102; 19 Id. 262 ; 65 Id. 320; 75 Id. 89. The court’s charge is without objection. This court will' not disturb a verdict legally sustained by the evidence. 85…
1Opinion of the CourtFrauenthall, J.
The appellant, who was the defendant in the lower court, was engaged in the railway tie business, and in August, 1907, entered into a verbal contract with the plaintiff by which it employed the plaintiff to cut its timber into 16-foot logs, and haul same to a certain mill and there unload them on a skidway, which defendant agreed to prepare and furnish for the 1 eception of the logs; and plaintiff was to saw the logs so placed on the skidway into logs of 8 foot lengths; and for' all this work defendant was to pay plaintiff five dollars per thousand feet. In preparation for and in pursuance of…
2Cases cited6 opinions
- Missouri Pacific Railway Co. v. YarnellSupreme Court of Arkansas · 1898
- McClintock v. FrohlichSupreme Court of Arkansas · 1905
- Ward v. KadelSupreme Court of Arkansas · 1881
- Brodie & King v. WatkinsSupreme Court of Arkansas · 1876
- Chicago, Rock Island & Pacific Railway Co. v. StanfordSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ayer-Lord Tie Company v. PuckettSupreme Court of Arkansas · 1925