Sanders v. Berry
Supreme Court of Arkansas
Appeal from Marion Chancery Court; Ben F. Mc-Mahan, Chancellor; STATEMENT OE FACTS. J. C. Berry brought this suit in equity against Mabel A. Sanders, Jas. C. Ley, J. M. Goldman, A. B. Hamilton, P. R. Papin, A. W. Sanders, F. J. Gilbrault, F. E. Newbery, W. S. Dennison and N. I. Reiter, to recover a commission alleged to be due him under a contract with Jas.
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Appeal from Marion Chancery Court; Ben F. Mc-Mahan, Chancellor; STATEMENT OE FACTS. J. C. Berry brought this suit in equity against Mabel A. Sanders, Jas. C. Ley, J. M. Goldman, A. B. Hamilton, P. R. Papin, A. W. Sanders, F. J. Gilbrault, F. E. Newbery, W. S. Dennison and N. I. Reiter, to recover a commission alleged to be due him under a contract with Jas. C. Ley for the sale of certain mining lands and mining improvements in Marion County, Arkansas, by Ley to Mabel A. Sanders, and to have a lien declared on the lands to the extent of his commission. A demurrer was sustained to the original…
1Opinion of the Court
HART, J.,
(after stating the facts). It is first insisted by counsel for the defendants that the court erred in certain respects in its ruling on the pleadings. But little need be said in regard to this phase of the case. Chancery cases are tried de novo on appeal. The amended complaint is too long to set out at length in this opinion. We have carefully considered its provisions, however, and have reached the conclusion that the allegations are broad enough to warrant the relief granted by the chancellor provided they are established by a preponderance of the evidence.(1) The principal issue…
2Cases cited1 opinion
- Clinton v. EstesSupreme Court of Arkansas · 1859
3Cited by5 opinions
- Hanson Motor Co. v. YoungSupreme Court of Arkansas · 1954
- Bridges v. United Savings AssociationSupreme Court of Arkansas · 1969
- National Life Accident Insurance Co. v. HittSupreme Court of Arkansas · 1937
- Johnson v. JohnsonSupreme Court of Arkansas · 1963
- Hanson Motor Co. v. YoungSupreme Court of Arkansas · 1954