Moore v. Ziba Bennitt & Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. Carter Murphy, who signed the contract, was not appellant’s agent nor was he authorized to make the agreement for her. There is no testimony that appellant authorized Carter to make this sale nor that she held him out as her agent. The writing was signed by Murphy alone, not as “agent,” and there is no testimony that appellant held Murphy out as her agent with her knowledge.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. Carter Murphy, who signed the contract, was not appellant’s agent nor was he authorized to make the agreement for her. There is no testimony that appellant authorized Carter to make this sale nor that she held him out as her agent. The writing was signed by Murphy alone, not as “agent,” and there is no testimony that appellant held Murphy out as her agent with her knowledge. The agent only was 'bound, and not the principal. 2 C. J. 670, par. 321; lb. 682. The writing was not the contract of the principal, and she is not bound. 2…
1Opinion of the CourtWood, J.
The appellee, an Arkansas corporation, engaged in the business of buying and selling cotton in the city of Pine Bluff, Arkansas, brought this action against the appellant. The appellee alleged that the appellant for many years had been a planter engaged in the growing and selling of cotton; that Carter Murphy, appellant’s son, had been for many years her duly authorized agent through whom she had sold the cotton and cotton seed grown by her; that Carter Murphy sold and agreed to deliver to the appellee the first two hundred bales of cotton picked on appellant’s plantation at Fairfield,…
2Cases cited11 opinions
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- Three States Lumber Co. v. MooreSupreme Court of Arkansas · 1918
- Arkansas Short Leaf Lumber Co. v. McInturfSupreme Court of Arkansas · 1918
- Daly v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1916
- St. Louis, Iron Mountain & Southern Railway v. BennettSupreme Court of Arkansas · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hawthorne v. DavisSupreme Court of Arkansas · 1980
- Walthour v. PrattSupreme Court of Arkansas · 1927
- Mark v. MaberrySupreme Court of Arkansas · 1953
- Lybarger v. LieblongSupreme Court of Arkansas · 1933
- Southern Bauxite Co. v. Brown-Pearson Cash Feed StoreSupreme Court of Arkansas · 1926
2 more not listed; retrieve them via the Exa API.