Grady v. Dierks Lumber & Coal Co.
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James 8. Steel, Judge; The court erred in directing a verdict for defendant. A verdict should not be directed except in cases where, conceding the credibility of the witnesses and giving full credence and full effect to every legitimate inference that may be deduced therefrom, it is plain and certain that plaintiff has made out a case sufficient in law to entitle him to recover. 118 Ark. 432; 107 Id. 158. There was a question for a jury as…
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Appeal from Sevier Circuit Court; James 8. Steel, Judge; The court erred in directing a verdict for defendant. A verdict should not be directed except in cases where, conceding the credibility of the witnesses and giving full credence and full effect to every legitimate inference that may be deduced therefrom, it is plain and certain that plaintiff has made out a case sufficient in law to entitle him to recover. 118 Ark. 432; 107 Id. 158. There was a question for a jury as to whether the credit was originally extended to appellee and was an original undertaking, and it should have been…
1Opinion of the CourtSmith, J.
Appellant is the successor in business of the firm of Holcomb & Grady, a copartnership, and brought this suit to recover a sum alleged to be due by appellee. Appellee is a corporation, and had-given its employees, Sanders and Cheshire, a contract to get out logs by the thousand, and later made a similar contract with one McWhorter. It became necessary for these men who were to do the logging to have advances of goods, wares and merchandise, and such advances were made by Holcomb & Grady.
At the conclusion of all the testimony the court gave the jury the following peremptory instruction:…
2Cases cited2 opinions
- Millsaps v. NixonSupreme Court of Arkansas · 1912
- Mankin v. JonesWest Virginia Supreme Court · 1908
3Cited by6 opinions
- Elm Springs State Bank v. BradleySupreme Court of Arkansas · 1929
- Black Bros. Lumber Co. v. VarnerSupreme Court of Arkansas · 1924
- Smith v. North Louisiana SanitariumSupreme Court of Arkansas · 1930
- Cleveland v. MaddoxSupreme Court of Arkansas · 1922
- Doss v. GephartSupreme Court of Arkansas · 1935
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