Arkansas Anthracite Coal & Land Co. v. Dunlap
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. It was error to admit as testimony the conversation between Webb Covington and James K. Gear-hart. 92 Ark. 159; 62 Id. 286; 69 Id. 648; 21 Id. 387. 2. It was error to admit any evidence in the case, as no cause of action was stated in the complaint.
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Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. It was error to admit as testimony the conversation between Webb Covington and James K. Gear-hart. 92 Ark. 159; 62 Id. 286; 69 Id. 648; 21 Id. 387. 2. It was error to admit any evidence in the case, as no cause of action was stated in the complaint. Kirby’s Digest, § § 6096 to 6119; 64 Ark. 510; 44 Id. 205; 8 Id. 74; 49 Id. 277. The evidence was insufficient to take the case to a jury. 3. . The court erred in admitting the evidence of Dunlap to the effect that he dealt with Gearhart as agent, as he had no authority to make the…
1Opinion of the CourtMcCulloch, C. J.
Appellants’ assignors, and the predecessors of appellees, were originally under written contract with each other for the payment by the former to the latter of certain sums as royalties on coal to be mined from lands owned by the latter. The contract provided for a mode of arbitration of differences which might arise with respect to the amount of coal mined from the land. A controversy arose between appellants and appellees as to the amount due for royalties, and appellees instituted this action on the allegations that an oral contract was subsequently entered into between the parties for the…
2Cases cited1 opinion
- Friedman v. SchleuterSupreme Court of Arkansas · 1912
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- Western Bank v. MorrillOregon Supreme Court · 1966
- Bissada v. Arkansas Children's HospitalCourt of Appeals for the Eighth Circuit · 2011
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