Scott-Mayer Commission Co. v. Merchants' Grocer Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge-, 1. The court erred in directing a verdict for appellee, as there is a direct conflict in the evidence.on two material points and a case was made for a jury. 83 Ark. 631; 97 Id. 643; 107 Id. 158; 120 Id. 446; 128 Id. 347. Appellate courts, where a verdict has been instructed, view the evidence in the most favorable light to the party against whom the instruction is given, and if there is any evidence…
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge-, 1. The court erred in directing a verdict for appellee, as there is a direct conflict in the evidence.on two material points and a case was made for a jury. 83 Ark. 631; 97 Id. 643; 107 Id. 158; 120 Id. 446; 128 Id. 347. Appellate courts, where a verdict has been instructed, view the evidence in the most favorable light to the party against whom the instruction is given, and if there is any evidence justifying a verdict in his favor, they will remand for a new trial. 73 Ark. 561; 89 Id. 368; 92 Id. 618; 96 Id. 394;…
1Opinion of the CourtWood, J.
The Merchants’ Grocer Company, the appellee, was a corporation in the wholesale grocery business at Searcy, White County, Arkansas. Henry Patterson was its secretary and manager. The Arkansas Cold Storage Company was engaged in the cold storage business' in Little Rock, Arkansas, under the management of W. A. O’Leary.
Patterson testified that on March 19, 1918, he called up O’Leary over the telephone and asked him if he had space in the Arkansas Cold Storage 'Company (hereafter called Arkansas) for a car load of potatoes. O’Leary said that he did. Witness asked what he would charge, and…
2Cases cited9 opinions
- McCurdy v. Wallblom Furniture & Carpet Co.Supreme Court of Minnesota · 1905
- Hudson v. Columbian Transfer Co.Michigan Supreme Court · 1904
- Butler v. GreeneNebraska Supreme Court · 1896
- Union Compress Co. v. NunnallySupreme Court of Arkansas · 1899
- Bradley v. CunninghamSupreme Court of Connecticut · 1892
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3Cited by5 opinions
- Miller v. DyerSupreme Court of Arkansas · 1968
- Nathan v. Tremont Storage Warehouse, Inc.Massachusetts Supreme Judicial Court · 1951
- Barrett v. FreedDistrict of Columbia Court of Appeals · 1943
- Lunn v. LepperUnited States District Court · 1935
- Security Trust Co. v. LongSupreme Court of Missouri · 1929