Legal Opinion

Arkadelphia Lumber Co. v. Asman

Supreme Court of Arkansas

Decided December 9, 1907PublishedCited by 7 opinions

Appeal from Clark Circuit Court; Jacob M. Carter, Judge; statement by the court. Appellee sued appellant for personal services under a verbal contract of employment, alleged to have been for the term of one year. He was discharged, and brought this suit for $400 for two months’ services. Appellant answered: Paragraph 1 admitted the employment, but alleged that it was for no definite time.

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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; statement by the court. Appellee sued appellant for personal services under a verbal contract of employment, alleged to have been for the term of one year. He was discharged, and brought this suit for $400 for two months’ services. Appellant answered: Paragraph 1 admitted the employment, but alleged that it was for no definite time. Par-graph. 2 alleged that appellee was at the time of making said contract a stockholder and a member of the board of directors of the appellant, and as such was bound by its bylaws. That the following…

1Opinion of the Court

Hart, J.,

(after stating the facts.) Appellant contends that the first instruction given at the request of appellee is erroneous because the president of appellant company did not have authority to employ appellee for a year.

The section of the by-laws referred to is section one, article five, and is set out in the statement of facts. We think a fair interpretation of the by-laws referred to give the president that power, and that the instruction is correct. Tliis is the construction that has been placed upon it by the company; for it is conceded that Pierce was hired by the year, by direction…

2Cases cited3 opinions

  1. McCarthy v. McArthurSupreme Court of Arkansas · 1901
  2. Kelly v. KeithSupreme Court of Arkansas · 1905
  3. McNeill v. ArnoldSupreme Court of Arkansas · 1861

3Cited by7 opinions

  1. Davis v. WhitsettSupreme Court of Oklahoma · 1967
  2. Mikel v. Development Co.Supreme Court of Arkansas · 1980
  3. Becker v. Incorporated Town of ChurdanSupreme Court of Iowa · 1916
  4. Miller v. GoodwinSupreme Court of Arkansas · 1969
  5. James v. StateSupreme Court of Arkansas · 1910

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