Cooley v. Ksir
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; Since the facts in evidence conclusively show that there was never a contract of letting, express or implied, between Ksir and Cooley, that the relation of landlord and tenant never existed between them, and that Cooley never had the “use and occupation” of the store, the action should have been dismissed. 7 Ark. 305; 10 Ark. 602; 4 N. Y. 217; 44 Ark. 444. Cooley’s liability is established by the…
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Appeal from Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; Since the facts in evidence conclusively show that there was never a contract of letting, express or implied, between Ksir and Cooley, that the relation of landlord and tenant never existed between them, and that Cooley never had the “use and occupation” of the store, the action should have been dismissed. 7 Ark. 305; 10 Ark. 602; 4 N. Y. 217; 44 Ark. 444. Cooley’s liability is established by the evidence. Whether he was in possession of the house with or without the consent of plaintiff does not change his…
1Opinion of the CourtHart, J.
Joe Ksir instituted this action against H. M. Cooley to recover compensation for the use and occupation of a certain brick storehouse situated in the town of Jonesboro, Arkansas.
The jury returned a verdict in favor of the plaintiff, and from the judgment rendered the defendant has duly prosecuted an appeal to this court.
The facts adduced by the plaintiff are substantially as follows: Sam Bryan rented a storehouse from Ksir at fifty-five dollars per month, and was conducting therein a mercantile business. The defendant Cooley, as attorney for creditors of Bryan, recovered judgments against him…
2Cases cited3 opinions
- St. Louis Southwestern Railway Co. v. RussellSupreme Court of Arkansas · 1897
- Needy v. StateSupreme Court of Arkansas · 1894
- Bright v. BostickSupreme Court of Arkansas · 1871
3Cited by8 opinions
- Pugsley v. SellmeyerSupreme Court of Arkansas · 1923
- Oliver v. Eureka Springs Sales Co.Supreme Court of Arkansas · 1953
- Meier v. HartSupreme Court of Arkansas · 1920
- Bank of Shirley v. BondsSupreme Court of Arkansas · 1929
- Collier Commission Company v. Redwine BrothersSupreme Court of Arkansas · 1925
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