McCombs v. Moss
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The evidence is not legally sufficient to warrant the verdict. Appellee has failed to make out a case from his own testimony. His agency had been discontinued. 2. The judgment is excessive. 3. It was error to refuse to admit the letters of Henry Wrape & Co. 4. There was error in giving and refusing instructions. 119 App.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The evidence is not legally sufficient to warrant the verdict. Appellee has failed to make out a case from his own testimony. His agency had been discontinued. 2. The judgment is excessive. 3. It was error to refuse to admit the letters of Henry Wrape & Co. 4. There was error in giving and refusing instructions. 119 App. Div. 39; 103 N. Y. S. 876; 131 111. App. 414; 140 N. C. 310; 117 Ark. 599; 91 Id. 212; 76 Id. 377; 79 Id. 475. 1. The verdict is sustained by the evidence. 2. The letters to and from the Wrape Co. were inadmissible. 3.…
1Opinion of the CourtHart, J.
This is the second appeal in this case. The opinion on the first appeal is in 121 Ark. 533, under the style of McCombs v. Moss. Moss sued McCombs for a commission of $1,023.30 alleged to be due him for bringing about a sale of some timber for McCombs in White County, Arkansas.
The jury returned a verdict for the plaintiff in the sum of $511.65 and from the judgment rendered the defendant has appealed.
It is insisted by counsel for the defendant that the evidence is not legally sufficient to warrant the verdict. For that reason it will .be necessary to restate the evidence.
According to the…
2Cases cited2 opinions
- McDonough v. WilliamsSupreme Court of Arkansas · 1908
- McCombs v. MossSupreme Court of Arkansas · 1916
3Cited by5 opinions
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Rifkind v. TurnerDistrict of Columbia Court of Appeals · 1947
- Edens v. National Home Life Assurance Co.Supreme Court of Arkansas · 1974
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969