Martin v. Hickman
Supreme Court of Arkansas
Appeal from Bradley Circuit Court. Marcus L. Hawkins, Judge. STATEMENT BY THE COURT. This action was brought by Hickman against Martin to recover the sum of $147. The circumstances out of which the action arose were briefly as follows: Martin, being the owner of a house and lot in the town of Warren, contracted to sell and convey it to O’Neill for the sum of $230. O’Neill took possession of the property under the contract of sale, and paid $85 upon the price, leaving due a…
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Appeal from Bradley Circuit Court. Marcus L. Hawkins, Judge. STATEMENT BY THE COURT. This action was brought by Hickman against Martin to recover the sum of $147. The circumstances out of which the action arose were briefly as follows: Martin, being the owner of a house and lot in the town of Warren, contracted to sell and convey it to O’Neill for the sum of $230. O’Neill took possession of the property under the contract of sale, and paid $85 upon the price, leaving due a balance of $145. O’Neill, after holding the property a year or two, sold his interest therein to appellee, Hickman, who,…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This action was brought by Hickman against Martin upon a contract alleged to have been made by Clary as agent of Martin. Hickman contends that Clary, acting as agent for Martin, as part of the consideration for the release by Hickman to Martin of certain' interests in land to. which Martin held the legal title, agreed that Martin would assume and pay for Hickman a note for $147 due from Hickman to O’Neill. But Clary was only a special agent, and there is nothing to show that he had authority to bind Martin by such promise. On the contrary, the evidence…
2Cases cited3 opinions
- Thacher v. PrayMassachusetts Supreme Judicial Court · 1873
- White v. LangdonSupreme Court of Vermont · 1858
- Brown v. WrightSupreme Court of Arkansas · 1893
3Cited by10 opinions
- Oxford Lake Line v. First National BankSupreme Court of Florida · 1898
- Coffin v. Planters Cotton Co.Supreme Court of Arkansas · 1916
- Runyan v. Community Fund of Little RockSupreme Court of Arkansas · 1930
- Arkansas Valley Bank v. KelleySupreme Court of Arkansas · 1928
- Chismore v. Marion Savings BankSupreme Court of Iowa · 1936
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