Legal Opinion

Arbaugh v. Shockney

Indiana Court of Appeals

Decided May 31, 1904No. 4,676Published

From Superior Court of Marion County (59,414) ; John L. McMaster, Judge. Action by James N. Sbockney against Archibald M. Arbaugh and others. From a judgment- for plaintiff, defendants appeal.

1Opinion

On Petition for Rehearing.

Roby, J.

Appellant Arbaugh’s testimony was in part as follows: “Well, he said, 'Mr. Arbaugh, I am at the point where-1 am going to have to cut off this $15 a week expense. The business does not justify it, and I have got a big payment to make right here the middle of the month to the home office-, and I can not afford to- pay this money any longer.’ Well, I said, 'Is it your idea that we cancel the contract V *275He said, ‘That is exactly the point.’ And he says ‘I will make a contract on a strict commission basis. I will give you as good a contract as I have got.’ I…

2Cases cited11 opinions

  1. Powder Co. v. BurkhardtSupreme Court of the United States · 1878
  2. North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
  3. Gihon v. . StantonNew York Court of Appeals · 1854
  4. Chase v. EwingNew York Supreme Court · 1868
  5. Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893

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