Hodges v. Bayley
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; A broker is not entitled to commission unless he has a contract to that effect. 70 Ark. 385; 65 Ark. 278. Defendant was entitled to have plaintiff state his cause of action in more definite terms. Kirby’s Digest, § 4564; Id. 6091, 4565. The verdict of the jury must be signed by some one of their number as foreman. Kirby’s Digest, § 6204; 5 Ark. 444; 29 Am. & Eng. Ency.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; A broker is not entitled to commission unless he has a contract to that effect. 70 Ark. 385; 65 Ark. 278. Defendant was entitled to have plaintiff state his cause of action in more definite terms. Kirby’s Digest, § 4564; Id. 6091, 4565. The verdict of the jury must be signed by some one of their number as foreman. Kirby’s Digest, § 6204; 5 Ark. 444; 29 Am. & Eng. Ency. Law 1042. The facts are determined by the jury. 67 Ark. 399; 74 Ark. 478; 76 Ark. 115; 70 Ark. 512. The court did not err in refusing to require…
1Opinion of the CourtFrauenthal, J.
This is a suit to recover a broker’s commission which the plaintiff claimed he earned by procuring for defendant the sale of a stock of groceries owned by him. The action was instituted in a court of a justice of the peace upon the following account:
“G.J. Hodges,
“To T. A. Bayley, Dr.
“To 5 per cent, commission on sale of grocery stock to Thornton & Co., on $1,018....................$50.90”
The defendant moved the court to require the plaintiff to make the statement of his cause of action more definite and certain, and the motion was overruled. Upon appeal being taken to the circuit court, the…
2Cases cited8 opinions
- Northern Pacific Railroad v. UrlinSupreme Court of the United States · 1895
- Chicago City Railway Co. v. CooneyIllinois Supreme Court · 1902
- Stiewel v. LallySupreme Court of Arkansas · 1909
- Gurley v. O'DwyerMissouri Court of Appeals · 1895
- Hunton v. MarshallSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hopper v. DenhamSupreme Court of Arkansas · 1983
- Coran v. KellerSupreme Court of Arkansas · 1988
- LaFont v. MixonSupreme Court of Arkansas · 2010
- Center v. JohnsonSupreme Court of Arkansas · 1988
- Carter v. YoungerSupreme Court of Arkansas · 1916
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