Solmson v. Deese
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The relation between Solmson and Deese had changed from that of principal and agent to that of vendor and vendee at the time the purchase contract was entered into on March 23, 1919. The testimony of the members of the Board of Control reveals the true facts as to the purchase of the farm as they occurred and they had undertaken the performance of the obligation placed upon them by' the Legislature.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The relation between Solmson and Deese had changed from that of principal and agent to that of vendor and vendee at the time the purchase contract was entered into on March 23, 1919. The testimony of the members of the Board of Control reveals the true facts as to the purchase of the farm as they occurred and they had undertaken the performance of the obligation placed upon them by' the Legislature. The contract actually entered into is the best evidence of what the parties agreed to. There is no other testimony than that…
1Opinion of the CourtSmith, J.
J. B. Deese brought this suit, and for his cause of action alleged that he had employed H. B. Solmson as his agent to sell, his farm, and that the contract of agency authorized a sale for $50,000, with a commission of a thousand dollars, if a sale was made at that price, together with any excess over $49,000 net to Deese, but that his said agent had made a sale at $62,500 and had only accounted to him for $45,000, and judgment was prayed for $16,500.
Solmson filed an answer denying the allegations of the complaint, and alleged the facts to be that, acting solely for himself, he took a contract…
2Cases cited4 opinions
- Thweatt v. FreemanSupreme Court of Arkansas · 1905
- Neely v. RembertSupreme Court of Arkansas · 1902
- Drake v. EubanksSupreme Court of Arkansas · 1895
- Haynes v. HarperSupreme Court of Arkansas · 1869
3Cited by7 opinions
- Spragins v. Louise Plantation, Inc.Mississippi Supreme Court · 1980
- Walker v. StateCourt of Criminal Appeals of Texas · 1924
- Glover v. BullardSupreme Court of Arkansas · 1926
- First National Bank of Belleville, Ill. v. TateSupreme Court of Arkansas · 1929
- Harris v. MillowayCourt of Appeals of Arkansas · 1983
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