Stewart v. Fleming
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; affirmed. The court erred in refusing to allow defendant to prove the false representations of plaintiff’s attorney and agent and in instructing a verdict for plaintiff. It is not necessary that the fraudulent representations be made by word of mouth.
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; affirmed. The court erred in refusing to allow defendant to prove the false representations of plaintiff’s attorney and agent and in instructing a verdict for plaintiff. It is not necessary that the fraudulent representations be made by word of mouth. It may be by language written, by conduct or external acts, when through this means it is intended to convey the impression or to produce the conviction that some fact exists and such result is the natural consequence of the acts. Pom. Eq. Jur. § 877; 10 Mich. 310; 88 Mo. App. 215. 1.…
1Opinion of the CourtKirby, J.
This is the second appeal of this case, which is sufficiently stated in the opinion on the former appeal, reported in 96 Ark., at page 371.
The judgment was reversed for the error of the lower court in striking out of the answer the allegations that defendant was induced to sign the contract sued upon by false representations of the plaintiff’s attorney to the effect that the written contract contained the same terms as the former lease, except as to the amount of the rent, which it was held and alleged was a good defense.
Upon the trial anew, after hearing the testimony, the court directed a…
2Cases cited8 opinions
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Brown v. LeMaySupreme Court of Arkansas · 1911
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
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3Cited by4 opinions
- Pittsburg Steel Co. v. WoodSupreme Court of Arkansas · 1913
- Modern American Mortgage Corp. v. NelsonSupreme Court of Arkansas · 1971
- Brown v. McGeheeSupreme Court of Arkansas · 1918
- Connecticut Fire Insurance v. WiggintonSupreme Court of Arkansas · 1918