Becker Provision Co. v. Parker Hardware Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fullc, Judge; 1. The verdict of the jury was contrary to the evidence, and appellant’s requested peremptory instruction should have been giveli. The testimony shows that there was no oral understanding on any different terms than that disclosed by the correspondence; the lien was not waived on account of any oral understanding and the court properly instructed the jury in No. 4 that the agreement must be in writing.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fullc, Judge; 1. The verdict of the jury was contrary to the evidence, and appellant’s requested peremptory instruction should have been giveli. The testimony shows that there was no oral understanding on any different terms than that disclosed by the correspondence; the lien was not waived on account of any oral understanding and the court properly instructed the jury in No. 4 that the agreement must be in writing. This was an exclusion of testimony of an oral understanding'. Correspondence evidencing a meeting of minds does not…
1Opinion of the CourtWood, J.
Appellant employed one G-. W. Harrison, a painting contractor, to do certain painting on its building where it conducted its business in the city of Little Rock, Harrison purchased the painting material from the appellees,' the bill amounting in the aggregate to $154.95. The last item of the account was furnished on June 17, 1918. The appellees contemplated filing a lien for the material furnished on the building occupied by appellant and through their attorney on the 7th of September, 1918, wrote the owner of the property to that effect. The owner on that day requested the appellees not to…
2Cases cited3 opinions
- Richeson v. National BankSupreme Court of Arkansas · 1910
- Jonesboro Hardware Co. v. Western Tie & Timber Co.Supreme Court of Arkansas · 1918
- Kilgore Lumber Co. v. HalleySupreme Court of Arkansas · 1919
3Cited by1 opinion
- Louisiana Oil Refining Corp. v. ScrogginsSupreme Court of Arkansas · 1934