McTighe v. Herman
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court, lion. J. W. Martin", Circuit Judge. 1. The men boarded by Herman were the hands of Stapp and not of Wallace, and any verbal promise made by Wallace to pay their board, not being in writing, fell clearly within the statute of frauds and could not be enforced.
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APPEAL from Pulaski Circuit Court, lion. J. W. Martin", Circuit Judge. 1. The men boarded by Herman were the hands of Stapp and not of Wallace, and any verbal promise made by Wallace to pay their board, not being in writing, fell clearly within the statute of frauds and could not be enforced. Gantt's Dig., sec. 8951; Kurtz v. Adams, 7 Mig., 174. 2. The alleged deposition of Kerrigan was a mere memorandum agreed to be used in a different suit, and agreed only for that purpose. 1. The credit was given to Wallace and not to Stapp; the board was charged to Wallace, and when therefore-Wallace,…
1Opinion of the CourtEaKIN, J.
Wallace sued Herman before a justice of the peace for $35, the price of a tent. Herman had .been engaged in boarding operatives upon the line of the railroad between Little Rock and Pine Bluff. He brought in a set-off against plaintiff for the board of hands, amounting, after giving credit for the tent, to something over a hundred dollars. After a recovery by the plaintiff before the justice, Herman appealed to the Circuit Court, and there recovered judgment, on his set-off, against plaintiff for a balance of §103.09, found by verdict of a jury. After motion for a new trial, and exceptions…
2Cited by8 opinions
- Walls and Mitchell v. StateSupreme Court of Arkansas · 1937
- Leifer Manufacturing Co. v. GrossSupreme Court of Arkansas · 1910
- Rice v. RiceSupreme Court of Arkansas · 1948
- Pine Bluff Co. v. BobbittSupreme Court of Arkansas · 1927
- Zimmerman v. HoltSupreme Court of Arkansas · 1912
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