Ayer & Lord Tie Co. v. Young
Supreme Court of Arkansas
Appeal from Monroe Circuit Court, Eugene Lankford, Judge; STATEMENT BY THE COURT. This action was brought by Herbert Young against the Ayer & Lord Tie Company for an amount alleged to be due him by defendant for building a skidway at a lumber mill.
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Appeal from Monroe Circuit Court, Eugene Lankford, Judge; STATEMENT BY THE COURT. This action was brought by Herbert Young against the Ayer & Lord Tie Company for an amount alleged to be due him by defendant for building a skidway at a lumber mill. In October or November, 1906, one U. S. Pitney, who had charge of the defendant company’s business in the State of Arkansas, made an agreement with the plaintiff to build a skid-way at a sawmill on White River, and agreed to pay him therefor $15. The defendant had a contract with the owners of the mill to furnish them saw logs, and the skidway was…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is earnestly insisted by counsel for appellant that there is no evidence in the record tending to show that Harbin was ever an agent of the Ayer & Lord Tie Company, and that the acts-, admissions or declarations of Harbin are not competent to prove his agency. While it is true -that in an action against the principal the declarations or admissions of the agent are not competent to prove the agency, the rule has no application here. No attempt was made to prove Harbin’s authority by his declarations or admissions. Harbin was a witness in the case, and his…
2Cases cited4 opinions
- Beekman Lumber Co. v. KittrellSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. WoodwardSupreme Court of Arkansas · 1902
3Cited by4 opinions
- Vangilder v. FaulkSupreme Court of Arkansas · 1968
- Vangilder v. FaulkSupreme Court of Arkansas · 1968
- Daly v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1916
- Boddy v. ThompsonSupreme Court of Arkansas · 1929