McMurray v. Boyd
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. 1. The court erred in not giving judgment on .tlie special verdict. The two verdicts being inconsistent, the special verdict controls, and displaces the g'eneral verdict. 40 Ark. 327. 2. Appellants were clearly entitled to amend their answer. 42 Ark. 57; lb. 503. 3. The mere fact of retaining Boyd after his incompetency was discovered does not estop appellants from discharging him.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. 1. The court erred in not giving judgment on .tlie special verdict. The two verdicts being inconsistent, the special verdict controls, and displaces the g'eneral verdict. 40 Ark. 327. 2. Appellants were clearly entitled to amend their answer. 42 Ark. 57; lb. 503. 3. The mere fact of retaining Boyd after his incompetency was discovered does not estop appellants from discharging him. The question whether the breach was waived or not should have been left to the jury. 3 So. Rep. 893; 17 Pac. 292; 7 Fed. Rep. 642;…
1Opinion of the CourtMansRiebd, J.
The appellants employed the appellee, Boyd, to serve as their book-keeper for the period of one year at a. salary of $50 per month. They discharged him at the end of four months, and, after the term of service contracted for had expired, he brought this action to recover the amount of his salary for the eight months following the date of his dismissal. The answer to the complaint justified his discharge on the ground that he kept the books in a careless, unskillful and incompetent manner ; and this defense was supported on the trial by the testimony of several witnesses. Evidence which tended…
2Cases cited3 opinions
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Arkansas Midland Railway v. CanmanSupreme Court of Arkansas · 1889
- Burke v. SnellSupreme Court of Arkansas · 1883
3Cited by9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Citizens' Fire Insurance v. LordSupreme Court of Arkansas · 1911
- Rucker v. MartinSupreme Court of Arkansas · 1910
- Griffin Grocery Co. v. ThaxtonSupreme Court of Arkansas · 1928
- Hale Hardware Co. v. RaglandSupreme Court of Arkansas · 1924
4 more not listed; retrieve them via the Exa API.