Scott v. Cleveland
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; 1. This is the third appeal in this case. The law was settled on the former appeals. 110 Ark. 9; 122 Id. 259; 183 S. W. 197. Under the evidence and instructions there was only one proposition to consider, viz.: “Who, under the instructions, procured the purchaser and made the sale? The only rule for determining that question is found in instructions six and seven.
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Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; 1. This is the third appeal in this case. The law was settled on the former appeals. 110 Ark. 9; 122 Id. 259; 183 S. W. 197. Under the evidence and instructions there was only one proposition to consider, viz.: “Who, under the instructions, procured the purchaser and made the sale? The only rule for determining that question is found in instructions six and seven. The jury found for plaintiff but there is no evidence to support the verdict on any of the points in the instructions. Day refused to buy from James at tbe…
1Opinion of the CourtSmith, J.
This is the third appeal of this case. Opinions on tbe former appeals are found in 110 Ark. 9, and 122 Ark. 259. Upon tbe first appeal tbe judgment was reversed because of tbe error of tbe court in refusing to grant a continuance, and tbe judgment was-re ver sed upon tbe second appeal because of tbe error in refusing to give two instructions set out in tbe opinion.
Upon the third trial, from which this appeal is prosecuted, the court gave the instructions approved by us upon the second appeal. During the argument before the jury, a difference of opinion arose between counsel as to the meaning…
2Cases cited2 opinions
- Scott v. ClevelandSupreme Court of Arkansas · 1916
- Scott v. ClevelandSupreme Court of Arkansas · 1913
3Cited by1 opinion
- Mitchell v. J. A. Tobin Construction Co.Missouri Court of Appeals · 1942