Forrester-Duncan Land Co. v. Evatt
Supreme Court of Arkansas
Appeal from Scott Circuit Court; 7. B. McDonough, Special Judge; Although it is a general rule that the refusal to grant a new trial upon the ground that the verdict is contrary to the law and the evidence will not be reviewed, it is otherwise where there is no evidence to sustain it. 14 Ark. 202. It is not necessary that a contract with an agent to sell land should be in writing.
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Appeal from Scott Circuit Court; 7. B. McDonough, Special Judge; Although it is a general rule that the refusal to grant a new trial upon the ground that the verdict is contrary to the law and the evidence will not be reviewed, it is otherwise where there is no evidence to sustain it. 14 Ark. 202. It is not necessary that a contract with an agent to sell land should be in writing. It does not come within the statute of frauds. 83 Ark. 202. The verdict is not contrary tó the evidence when there is any evidence tending to establish the allegation of the complaint.
1Opinion of the CourtFrauenthal, J.
The plaintiff, Annie Evatt, instituted this suit against the defendant, the Forrester-D'uncan Land Company, and in her complaint alleged that she was the owner of a tract of land containing 150 acres in Scott County, and that she employed the defendant as her agent to sell said land. That the defendant is a domestic corporation engaged in the real estate business, and that one of the principal objects of it's business is to act as the agent of land owners and to sell and dispose of their lands upon a commission. That, on or about August 1, 1906, the plaintiff, through her husband, who was…
2Cases cited5 opinions
- McCurry v. HawkinsSupreme Court of Arkansas · 1907
- Mendel & Bro. v. DaviesSupreme Court of Arkansas · 1885
- Leake v. SutherlandSupreme Court of Arkansas · 1868
- Rogers v. LockettSupreme Court of Arkansas · 1873
- White v. WardSupreme Court of Arkansas · 1871
3Cited by13 opinions
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Moore v. ExelbySupreme Court of Arkansas · 1926
- Three States Lumber Co. v. MooreSupreme Court of Arkansas · 1918
- Vaught v. PaddockSupreme Court of Arkansas · 1911
- Davis v. SpannSupreme Court of Arkansas · 1909
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