Millsaps v. Nixon
Supreme Court of Arkansas
Appeal from Van Bnren Circuit Court; George W. Read, Judge; STATEMENT BY THE COURT. The plaintiffs, Millsaps, Hatchett & Co., brought this suit before a justice of the peace against O. P. Nixon and Sam Boone. There were no writtten pleadings in the case.
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Appeal from Van Bnren Circuit Court; George W. Read, Judge; STATEMENT BY THE COURT. The plaintiffs, Millsaps, Hatchett & Co., brought this suit before a justice of the peace against O. P. Nixon and Sam Boone. There were no writtten pleadings in the case. Upon a trial de novo in the circuit court, the record shows the following: “Plaintiffs claimed that defendant Nixon had promised plaintiffs to pay for goods sold and delivered to defendant Boone; that Boone was Nixon’s tenant; that Nixon was personally benefited by the sale of the goods to Boone; that the proceeds of Boone’s crop passed…
1Opinion of the Court
Hart, J.,
(after stating the facts). The first claim by counsel for the plaintiffs is that this case is controlled by the principles announced in Long v. McDaniel, 76 Ark. 292, and Treakel v. Vaughan, 83 Ark. 258; but we can not agree with their contention. In Long v. McDaniel there was a promise by the owner of the building- to pay for the plumbing and material used in repairing it, if the lessee did not. This was held to be an original promise because of the interest of the owner of the building in the performance of the contract.
In Treakel v. Vaughan, supra, a promise to an attorney by…
2Cases cited3 opinions
- Long v. McDanielSupreme Court of Arkansas · 1905
- Swaboda v. Throgmorton-Bruce Co.Supreme Court of Arkansas · 1909
- Treakle v. VaughanSupreme Court of Arkansas · 1907
3Cited by20 opinions
- ÆTNA LIFE INS. CO. v. McADOOCourt of Appeals for the Eighth Circuit · 1939
- Reeves v. Ark. La. Gas Co.Supreme Court of Arkansas · 1965
- Williams, Administrator v. LauderdaleSupreme Court of Arkansas · 1945
- E.P. Dobson, Inc. v. RichardCourt of Appeals of Arkansas · 1986
- Brown v. MorrowSupreme Court of Arkansas · 1916
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