White v. Smith
Supreme Court of Arkansas
Appeal from Pope Circuit Court in Chancery. Jeremiah G. Waelace, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: One G. W. Lake was the owner of a patent right to make, use, and vend a certain roof paint in the state of Texas and other states. The appellant, John W. White, and the appellees, R. H. Smith and C. P. Hall, formed a partnership for the purpose of purchasing said patent right.
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Appeal from Pope Circuit Court in Chancery. Jeremiah G. Waelace, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: One G. W. Lake was the owner of a patent right to make, use, and vend a certain roof paint in the state of Texas and other states. The appellant, John W. White, and the appellees, R. H. Smith and C. P. Hall, formed a partnership for the purpose of purchasing said patent right. After the formation of this partnership, they purchased from Lake the right to make, use and vend this paint in Texas. The consideration which they agreed to pay for this patent covering…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) We are of . , the opinion that the decree of the circuit court should be affirmed. The record shows that the case was heard partly on evidence taken orally at the bar of the court, and this oral evidence was not reduced to writing- or preserved by bill of exceptions, and is not contained in the transcript upon which the case was submitted for decision here. The findings of the circuit court must be presumed to be correct until such presumption is overturned by an affirmative showing .to the contrary; and, in the absence of a portion of the evidence upon…
2Cases cited2 opinions
- Howell v. HarveySupreme Court of Arkansas · 1843
- Hershy v. BaerSupreme Court of Arkansas · 1885
3Cited by13 opinions
- McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- First National Bank v. DalsheimerSupreme Court of Arkansas · 1923
- Crawley v. NealSupreme Court of Arkansas · 1922
- Turpin v. BeachSupreme Court of Arkansas · 1909
- Pratt v. FrazerSupreme Court of Arkansas · 1910
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