McGehee v. Yunker & Ronk
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. It was error to admit hearsay testimony as to what potato buyers said. 1 Wigmore on Ev., § 719; 89 S. W. 978; 68 Id. 448; 12 Id. 816; 56 N. E. 288; 89 Ark. 595. 2. This was a sale of the potatoes and being within the statute of frauds is void and the court erred in its instructions to the jury. 76 Ark. 395. The statements of what potato buyers said were admissible. 199 S. W. 379; 182 Id. 1175;…
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. It was error to admit hearsay testimony as to what potato buyers said. 1 Wigmore on Ev., § 719; 89 S. W. 978; 68 Id. 448; 12 Id. 816; 56 N. E. 288; 89 Ark. 595. 2. This was a sale of the potatoes and being within the statute of frauds is void and the court erred in its instructions to the jury. 76 Ark. 395. The statements of what potato buyers said were admissible. 199 S. W. 379; 182 Id. 1175; 77 Id. 6634; 3 Wallace (U. S.) 140; 1 Wigmore on Ev., 716; 79 Ark. 342; 66 S. W. 625; 88 S. W. 797. This suit was to…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action at law instituted by appellees against appellant to recover, as damages for breach of contract, the difference between the contract price of a car load of potatoes and the price that the potatoes brought on the market when sold after the alleged breach of the contract.
Appellees were engaged in the mercantile business at Ratcliff, Logan County, Arkansas, and occasionally bought potatoes in the gathering season for resale in carload lots. Appellants were engaged in business in Fort Smith. According to the testimony adduced by appellees, one of the appellants on a certain day…
2Cases cited7 opinions
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Berger v. StateSupreme Court of Arkansas · 1887
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Richardson v. FowlerSupreme Court of Arkansas · 1922
- Lammers v. American Southern Trust CompanySupreme Court of Arkansas · 1927
- John Meeter & Sons v. Paragould Wholesale Grocer Co.Supreme Court of Arkansas · 1923
- McKinney v. Ragland & Co.Supreme Court of Arkansas · 1924
- Wood v. JonesSupreme Court of Arkansas · 1922