Hinson v. Gillespie
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Thomas C. Trimble, Judge; 1. It was error to direct a verdict. The agreement was not a collateral promise but an original one apd not within the statute of frauds. Certainly there was a question of fact for a jury. 79 Ark. 1; 40 Id. 429; 124 Id. 480; 1Í0 Id. 325. 2. Appellee’s letter took the case out of the statute, or at least made, it a question for the jury. 1 Jones Com. on Ev.
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Appeal from Faulkner Circuit Court; Thomas C. Trimble, Judge; 1. It was error to direct a verdict. The agreement was not a collateral promise but an original one apd not within the statute of frauds. Certainly there was a question of fact for a jury. 79 Ark. 1; 40 Id. 429; 124 Id. 480; 1Í0 Id. 325. 2. Appellee’s letter took the case out of the statute, or at least made, it a question for the jury. 1 Jones Com. on Ev. (1913), 924. ‘ The promise was collateral and clearly within the statute of frauds. A verdict was properly directed as no case for a jury was made'. Kirby’s Digest, § 3654. A…
1Opinion of the CourtHart, J.
Mrs. M. A. Gillespie sued L. A. Hinson before a justice of the peace in Faulkner County for $85 for rents alleged to be due her on her farm for the year 1915, and $20 damages for holding the farm after the expiration of his term. There was a verdict for the defendant before the justice of the peace and the plaintiff appealed to the circuit court. In the circuit court the case was tried before a jury upon-the following facts:
Mrs. Gillespie testified that in the first part of January, 1915, she rented her farm in Faulkner County, Arkansas, for that year to the defendant, Hinson, and that he…
2Cases cited1 opinion
- Brown v. MorrowSupreme Court of Arkansas · 1916
3Cited by1 opinion
- Lesser-Goldman Cotton Co. v. Merchants' & Planters' BankSupreme Court of Arkansas · 1930