Mississippi Home Insurance v. Adams
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. The firm of Adams & Boyle, insurance agents, were employed by the appellant, a foreign corporation, to establish and conduct for appellant the business of fire insurance in this State. Under the contract appellees were general agents, with all the powers, duties, and the obligations of such.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. The firm of Adams & Boyle, insurance agents, were employed by the appellant, a foreign corporation, to establish and conduct for appellant the business of fire insurance in this State. Under the contract appellees were general agents, with all the powers, duties, and the obligations of such. Appellees were to pajr all expenses incident to the business except legal expenses in resisting losses. As compensation for its services in planting the business and conducting it, the contract provided: “Fourth: The…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. It is obvious from the provision of the contract, to-wit: “Said contingent commission to be first computed on August 1, 1906, and at the end of each year thereafter,” that the parties to it contemplated that the contract might last more than one year. Yet the provision following this, in paragraph “ninth,” shows that the parties did not make this time for the computation of the contingent commission of the essence of the contract, because in this latter provision the right to terminate the contract by either party on thirty days’ notice is expressly…
2Cases cited4 opinions
- Leslie v. BellSupreme Court of Arkansas · 1904
- Railway v. WilliamsSupreme Court of Arkansas · 1890
- Allen-West Commission Co. v. People's BankSupreme Court of Arkansas · 1905
- Kelly v. DoolingSupreme Court of Arkansas · 1861
3Cited by6 opinions
- State Ex Rel. Bryant v. R&A Investment Co.Supreme Court of Arkansas · 1999
- Scrinopskie v. MeidertSupreme Court of Arkansas · 1948
- Ford v. FixSupreme Court of Arkansas · 1914
- Arkansas National Life Insurance v. DurbinCourt of Appeals of Arkansas · 1981
- Thompson v. FrelinghuysenAppellate Court of Illinois · 1915
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