Burton v. Blytheville Realty Co.
Supreme Court of Arkansas
■ • ’ • Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1.' The rent contract and notes sued on were individual contracts made with Green, Houchins and Crockett, doing business as the Blytheville Realty Company, and the alleged commission sales were separate and distinct contracts, not related to, connected with or growing out of, the rent contract, and entered into with separate parties.
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■ • ’ • Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1.' The rent contract and notes sued on were individual contracts made with Green, Houchins and Crockett, doing business as the Blytheville Realty Company, and the alleged commission sales were separate and distinct contracts, not related to, connected with or growing out of, the rent contract, and entered into with separate parties. The account for commission sales can not be set off against appellant’s claim. Kirby’s Dig., § 6099; 27 Ark. 490, 491; 66 Ark. 400-408, 412; 95 Ark. 488; 83 Ark. 283; 12…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action to recover the amount of a series of notes executed by appellees, a partnership composed of C. Y. Green, H. H. Houchins and T. A. Crockett, doing business under the style and firm name of Blytheville Realty Company.
After the execution of the notes T. A. Crockett sold out his interest in the firm' to O. B. Suggett, who succeeded him.
Appellees answered admitting the execution of the notes, but pleaded, by way of set-off,' several items for commissions on sales of real estate made by them for appellant.
The record is imperfectly abstracted and does not show what…
2Cases cited2 opinions
- Leach v. LambethSupreme Court of Arkansas · 1854
- B. A. Stevens Co. v. WhalenSupreme Court of Arkansas · 1910
3Cited by2 opinions
- Leonard v. TaylorSupreme Court of Arkansas · 1931
- Hughes v. GarrettSupreme Court of Arkansas · 1921