Izard v. Connecticut Fire Insurance
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; The contract was not within the statute of frauds. 103 Ark. 79. Besides, the contract was performed by the parties. 2 Elliott on- Contracts, § 1213; 8 L. E. A. 410 ; Wood on Master & Servant, § 96; Mecham on Ag., § 212; 26 Cyc. 976; 125 Ark. 503. The demurrer was properly sustained. The contract was within the statute of frauds and void.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; The contract was not within the statute of frauds. 103 Ark. 79. Besides, the contract was performed by the parties. 2 Elliott on- Contracts, § 1213; 8 L. E. A. 410 ; Wood on Master & Servant, § 96; Mecham on Ag., § 212; 26 Cyc. 976; 125 Ark. 503. The demurrer was properly sustained. The contract was within the statute of frauds and void. A contract can not rest partly in writing and partly in parol. 9 Ark. 506; 1 Powell on Contracts, 259; 3 Starkie on Part., 1008; 13 Ark. 125; lb. 598; 20 Id. 305; see also 46 Id. 84; 103 Id. 80; 6…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant against appellee to recover balance due under alleged contract of employment. The court sustained a demurrer to the complaint and dismissed it, appellant having declined to plead further.
It appears from the allegations of the complaint that appellee, an insurance corporation, employed appellant as its special agent in the State of Arkansas at a monthly salary of $150, and that appellant worked in that capacity from January 1, 1912, to May 31, 1914, when he was discharged from appellee’s service. The theory of appellant is that he was employed by the…
2Cases cited4 opinions
- Putnam v. GraceMassachusetts Supreme Judicial Court · 1894
- Moline Lumber Co. v. HarrisonSupreme Court of Arkansas · 1917
- White v. LevySupreme Court of Alabama · 1890
- Linn Boyd Tobacco Warehouse Co. v. TerrillCourt of Appeals of Kentucky · 1877
3Cited by15 opinions
- Harrower v. Insurance Co. of North AmericaSupreme Court of Arkansas · 1920
- Stanford v. SagerSupreme Court of Arkansas · 1920
- Reed Oil Company v. CainSupreme Court of Arkansas · 1925
- Graves v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1917
- Freer v. LessSupreme Court of Arkansas · 1923
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