Legal Opinion

Arkadelphia Lumber Co. v. Asman

Supreme Court of Arkansas

Decided November 17, 1900PublishedCited by 2 opinions

Appeal from Clark Circuit Court. Joel D. Conway, Judge. The evidence fails to support the verdict, because it fails to show any mutuality of understanding. 17 Ark. 78; 1 Ai’k. 415. An indefinite hiring is a hiring at will. 56 Pac. 652; 11 Atl. 176, S. C. 76 Md. 554; 42 N. E. 416, S. C. 148 N. Y. 117; Wood, Mast, and Serv. § 136; 36 Atl. 714, S. O. 19 R. I. 697; 35 Ark. 156; 22 Pac. 1126, S. C. 81 Cal. 596; 48 N. E. 597, S. C. 18 Ind.

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Appeal from Clark Circuit Court. Joel D. Conway, Judge. The evidence fails to support the verdict, because it fails to show any mutuality of understanding. 17 Ark. 78; 1 Ai’k. 415. An indefinite hiring is a hiring at will. 56 Pac. 652; 11 Atl. 176, S. C. 76 Md. 554; 42 N. E. 416, S. C. 148 N. Y. 117; Wood, Mast, and Serv. § 136; 36 Atl. 714, S. O. 19 R. I. 697; 35 Ark. 156; 22 Pac. 1126, S. C. 81 Cal. 596; 48 N. E. 597, S. C. 18 Ind. App. 474. The evidence sustained the verdict. Appellant’s failure to introduce its president, who knew all about the actual contract, was to be construed against…

1Opinion of the CourtBunn, C. J.

This is a suit for balance of salary claimed to be due, amounting to the sum of $400 and interest. Judgment for plaintiff, and defendant appealed.

The evidence shows that one F. R. Pierce was vice-president of the Ai’kadelphia Lumber Company up to the first Monday in February, 1897, when he was succeeded by the plaintiff, H. R. Asman. While vice-president, Pierce was agent to sell the product of the mill. He received'for his services $2400 per annum. It seems that Asman took the place of Pierce, nothing being said further as to pay or how long the employment should continue. Asman worked for…

2Cases cited2 opinions

  1. Martin v. New York Life InsuranceNew York Court of Appeals · 1895
  2. Wright v. MorrisSupreme Court of Arkansas · 1855

3Cited by2 opinions

  1. Fulkerson v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
  2. Arkadelphia Lumber Co. v. AsmanSupreme Court of Arkansas · 1906

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