Singer Manufacturing Co. v. Boyette
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Previous verbal agreements or declarations are conclusively presumed to be merged into the written contract. 62.Ark. 49. It was improper to admit the testimony of Dr. McGinty. 60 Ark. 141; 12 Ark. 692; 7 Ark. 112. It is error to give an instruction where there is no evidence to support it. 70 Ark. 441; 71 Ark. 357. Appellant’s motion for judgment against the obligors in the bond should have been sustained, ix Enc.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District. Previous verbal agreements or declarations are conclusively presumed to be merged into the written contract. 62.Ark. 49. It was improper to admit the testimony of Dr. McGinty. 60 Ark. 141; 12 Ark. 692; 7 Ark. 112. It is error to give an instruction where there is no evidence to support it. 70 Ark. 441; 71 Ark. 357. Appellant’s motion for judgment against the obligors in the bond should have been sustained, ix Enc. PI. & Pr. 912. The statements of Corey amount in law to fraud, and the bond is void. 77 Ga. 40; 9 Ala. 42; 27 Am. & Eng.…
1Opinion of the CourtBattle, J.
The Singer Manufacturing Company brought an action against Fannie A. Boyette, W. G. Hopkins, and others, on a bond executed by them, to recover “five hundred dollars and ten per cent., attorney’s fees,” the penalty named therein, and to recover against Fannie A. Boyette, individually, the sum of '$1,200. “The complaint in substance alleges: That plaintiff is a corporation organized under the laws of the State of New Jersey, and is engaged in the manufacture and sale of sewing machines;.that in the year 1900 the defendant, Fannie A. Boy-ette, entered its employ as salesman and collector under…
2Cases cited1 opinion
- Morrison v. AronsSupreme Court of Minnesota · 1896
3Cited by5 opinions
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Gazette Publishing Co. v. ColeSupreme Court of Arkansas · 1924
- Athletic Tea Co. v. McCormackSupreme Court of Arkansas · 1923
- Gazette Publishing Company v. StephensSupreme Court of Arkansas · 1940
- New Jersey Ins. Co. v. AndersonCourt of Appeals of Texas · 1936