Murphy v. Willis
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; The court erred in giving instruction No. 3 and in refusing a new trial on the ground of surprise. 82 Ark. 381; 19 Cyc. 226. This instruction is also contradictory to the first instruction, causing confusion.
1Opinion of the CourtWood, J.
Appellee instituted this action against appellants on a written contract whereby appellants agreed to pay the appellee the sum of $785 for his services in selling for appellants a tract of land.
The appellants admitted the execution of the contract, but alleged that it was executed by them after agreement with appellee that the contract was not to be binding until the same was also signed by the purchaser of the land and also with the express understanding between appellants and appellee that a deduction of $300 was made from the purchase price of $16,000 in order to pay their part of the…
2Cases cited6 opinions
- Taylor v. GodboldSupreme Court of Arkansas · 1905
- Plumlee v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1898
- Hayes v. StateSupreme Court of Arkansas · 1920
- Minkwitz v. SteenSupreme Court of Arkansas · 1880
- Featherston v. TroneSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Oviatt, Administrator v. GarretsonSupreme Court of Arkansas · 1943
- Arkansas Amusement Corporation v. WardSupreme Court of Arkansas · 1942
- Bradley Lumber Co. v. BeasleySupreme Court of Arkansas · 1923
- Gillette & English v. Carroll & HoganSupreme Court of Arkansas · 1923
- Blankenship v. McDanielSupreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.