Brown v. Morrow
Supreme Court of Arkansas
Appeal from -Clay Circuit Court, Eastern District; ,/. F. Gautnev, Judge; A verdict should have heen directed for defendant. The alleged contract or agreement is clearly within the ■statute of frauds. The court was of the opinion that what BrOwn .said to him about suing Halford was sufficient consideration moving to Brown to bind him to pay Halford’s debt, but this is not the law. 20 Cyc. 192 (3) and cases cited.
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Appeal from -Clay Circuit Court, Eastern District; ,/. F. Gautnev, Judge; A verdict should have heen directed for defendant. The alleged contract or agreement is clearly within the ■statute of frauds. The court was of the opinion that what BrOwn .said to him about suing Halford was sufficient consideration moving to Brown to bind him to pay Halford’s debt, but this is not the law. 20 Cyc. 192 (3) and cases cited. This was not a collateral undertaking on the part of appellant, but an original, one. 37 Ark. 286; 64 Id. 462; 76 Id. 292; 89 Id. 321. It is not within the statute of frauds. 2…
1Opinion of the CourtHart, J.
M. Y. Morrow .sued W. R. Brown before a justice of the peace, to recover $198.62 alleged to be due for clearing the right-of-way and cutting .and piling wood on the right-of-way in a drainage • district. Morrow recovered judgment in the justice court and Brown appealed to the circuit court. There the jury returned a verdict in favor of Morrow for the amount sued for and Brown has appealed to this court.
The only assignment of error relied, upon for a reversal of the judgment is that the court erred in refusing to direct a verdict for the defendant Brown. The facts are substantially as follows:…
2Cases cited2 opinions
- Millsaps v. NixonSupreme Court of Arkansas · 1912
- Robinson & Son Contracting Co. v. Twin City BankSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Fausett Co. v. RandCourt of Appeals of Arkansas · 1981
- Hacker v. Whitney Dam Lumber & Construction Co.Court of Appeals of Texas · 1949
- Housley v. Strawn Merchandise Co.Court of Appeals of Texas · 1923
- Lesser-Goldman Cotton Co. v. Merchants' & Planters' BankSupreme Court of Arkansas · 1930
- Hinson v. GillespieSupreme Court of Arkansas · 1917
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