Montgomery v. Arkansas Cold Storage & Ice Co.
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. The issues should have been submitted to the jury. 80 Ark. 194; 82 Id. 86; 73 Id. 568. 2. The testimony of witnesses Payne and Swan, in support of appellants’ counterclaim, was admissible to show the agreement of the parties.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; 1. The issues should have been submitted to the jury. 80 Ark. 194; 82 Id. 86; 73 Id. 568. 2. The testimony of witnesses Payne and Swan, in support of appellants’ counterclaim, was admissible to show the agreement of the parties. The written order being silent, parol evidence was clearly admissible to show fully the agreement of the parties. 9 Cyc. of Ev. p. 350; 27 Ark. 510; 55 Id. 353; 81 Id. 389. Parol evidence was also admissible to show the agreements made by the agents of appellee as an inducement to the signing of the written…
1Opinion of the CourtMcCulloch, C. J.
Appellee operated a cold storage plant at the city of Fayetteville during the season of 1907 and 1908, and sued appellants in -the circuit court of Washington County for a balance alleged to be due on a contract for the storage of apples, as follows:
“Fayetteville, Ark., August 31, 1907.
“Arkansas Cold Storage & Ice Co.,
“Gentlemen: Please reserve for me space in your storage for 2,800 stándard size barrels of apples, for which I hereby contract for and agree to pay you for said reservation the sum of $0.50 per barrel for the above stated number of-barrels, subject to all your rules and…
2Cases cited1 opinion
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