Legal Opinion

Three States Lumber Co. v. Moore

Supreme Court of Arkansas

Decided February 25, 1918PublishedCited by 14 opinions

Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. Tompkins was a special agent and had no authority to make the contract. The instructions given were erroneous. 90 Ark. 278; 96 Id. 614; 80 Id. 454; 70 Id. 385; 105 Id. 111-116. 2. The evidence' shows that Tompkins never made the contract. He had no authority to make it, and it was not within the apparent scope of his authority to make it. Cases supra.

1Opinion of the CourtMcCULLOCH, C. J.

Appellant is the owner of certain lands in Mississippi County, and instituted this action of unlawful detainer against appellee to recover possession of the portion thereof which he was alleged to be unlawfully withholding after having occupied samp, as appellant’s tenant. Appellee was put out of possession under the writ issued at the commencement of the action, and claims damages. There was trial of the cause before a jury and the verdict was in appellee’s favor, awarding damages for being wrongfully put out of possession under the writ.

The land was leased by appellant’s agent to one…

2Cases cited8 opinions

  1. Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
  2. Liddell v. SahlineSupreme Court of Arkansas · 1891
  3. Brown v. BrownSupreme Court of Arkansas · 1910
  4. Forrester-Duncan Land Co. v. EvattSupreme Court of Arkansas · 1909
  5. Jacoway v. Insurance Co.Supreme Court of Arkansas · 1887

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3Cited by14 opinions

  1. National Union Fire Insurance v. CrabtreeSupreme Court of Arkansas · 1922
  2. Moore v. Ziba Bennitt & Co.Supreme Court of Arkansas · 1921
  3. Southern Bauxite Co. v. Brown-Pearson Cash Feed StoreSupreme Court of Arkansas · 1926
  4. Arkadelphia Milling Co. v. GreenSupreme Court of Arkansas · 1920
  5. Hal H. Peel & Co. v. HawkinsSupreme Court of Arkansas · 1927

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