Legal Opinion

Bovay v. McGahhey

Supreme Court of Arkansas

Decided March 29, 1920PublishedCited by 8 opinions

Appeal from Arkansas Circuit Court; W. B. Sorrells, Judge; STATEMENT OF PACTS. A. C. McGahhey sued Harry E. Bovay to recover the sum of $600 claimed to he due him for commissions on the sale of a farm. The parties to the suit were the principal witnesses in the case, and both resided at Stuttgart, Arkansas.

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Appeal from Arkansas Circuit Court; W. B. Sorrells, Judge; STATEMENT OF PACTS. A. C. McGahhey sued Harry E. Bovay to recover the sum of $600 claimed to he due him for commissions on the sale of a farm. The parties to the suit were the principal witnesses in the case, and both resided at Stuttgart, Arkansas. According to the testimony of A. C. McGahhey, he met Harry E. Bovay on the streets of Stuttgart, in February, 1918. McGahhey had a deal with a Mr. Broussard for the sale of a tract of land to him. He told Bovay that he had a party who wanted to buy some rice land, and that if Bovay would…

1Opinion of the CourtHart, J.

(after stating the facts). The court instructed the jury that if it should find from the evidence that there was an agreement between plaintiff and defendant that the former should procure a purchaser, and that upon a sale to said purchaser the plaintiff and defendant were to share equally in the profits, and that the plaintiff produced Broussard as a purchaser, and that the plaintiff was the procuring cause of the sale of land in controversy, the jury should find for the plaintiff in the amount sued for, unless it should further find that the plaintiff waived or abandoned his claim for…

2Cited by8 opinions

  1. Vangilder v. FaulkSupreme Court of Arkansas · 1968
  2. Twin City Bank v. IsaacsSupreme Court of Arkansas · 1984
  3. Vangilder v. FaulkSupreme Court of Arkansas · 1968
  4. Dodson Creek, Inc. v. Fred Walton Realty Co.Court of Appeals of Arkansas · 1981
  5. Williams v. First SEC. Bank of SearcySupreme Court of Arkansas · 1987

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