Zimmerman v. Holt
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Fort Smith District; Daniel Hon, Judge; I. The court erred in submitting to the jury the question whether, after Holt rendered the services and charged same to Zimmerman, the latter ratified it.
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Appeal from Sebastian Circuit Court; Fort Smith District; Daniel Hon, Judge; I. The court erred in submitting to the jury the question whether, after Holt rendered the services and charged same to Zimmerman, the latter ratified it. It was erroneous because (a) there was no evidence that Holt charged the services to appellant, and (bj if charged to him, there was no evidence whatever that he ratified it; and because (c) the instruction failed to inform the jury that such ratification must rest upon some consideration then moving to Zimmerman. 45 Ark. 74. 2. If appellant only told Holt to go…
1Opinion of the CourtFeauenthal, J.
This is an action instituted by C. S. Holt to recover $175 for services rendered as a physician and surgeon to two employees of the defendant. The defendant denied any original undertaking on his part to pay for said services, and pleaded the statute of frauds. The defendant was a contractor engaged in the construction of a building in the city of Fort Smith. He had two laborers employed on the building who were there injured and then taken to a hospital for treatment. The testimony on the part of the plaintiff tended to prove that he told the defendant, before rendering the services to the…
2Cases cited8 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Chapline v. Atkinson & Co.Supreme Court of Arkansas · 1885
- Leifer Manufacturing Co. v. GrossSupreme Court of Arkansas · 1910
- Long v. McDanielSupreme Court of Arkansas · 1905
- McTighe v. HermanSupreme Court of Arkansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jonesboro Hardware Co. v. Western Tie & Timber Co.Supreme Court of Arkansas · 1918
- Elm Springs State Bank v. BradleySupreme Court of Arkansas · 1929
- Brinkley Car Works & Manufacturing Co. v. CookSupreme Court of Arkansas · 1913
- Patten v. RobbsSupreme Court of Arkansas · 1927
- Frame v. WhittamSupreme Court of Arkansas · 1930
2 more not listed; retrieve them via the Exa API.