Ashley, Drew & Northern Railway Co. v. Cunningham
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Turner Butler, Judge; 1. Incompetent testimony was admitted as to a verbal contract of employment made as a consideration for the right-of-way deal.
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Appeal from Ashley Circuit Court; Turner Butler, Judge; 1. Incompetent testimony was admitted as to a verbal contract of employment made as a consideration for the right-of-way deal. This was error because the whole contract was reduced to writing and embodied in the deed, and oral evidence was not admissible to extend, modify or contradict the terms of the written instrument, and because Jack Curry was not the agent of appellant and the evidence does not show it had any knowledge of any agreement other than that written in the deed. Besides the alleged verbal contract, or the one expressed…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action against appellant to recover damages sustained by reason of the breach of an alleged contract of employment, in consideration of the execution of a right-of-way deed. Appellee alleged in his complaint that he joined in the execution to appellant of a right-of-way deed through and over certain lands of the grantors, and that as a part of the consideration for the execution of the deed appellant agreed to employ him as brakeman at a salary of at least $50.00 a month, for and during his lifetijne, or as long as he was physically able and willing to give the…
2Cases cited3 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Kelly v. CarterSupreme Court of Arkansas · 1891
- Fulkerson v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
3Cited by6 opinions
- Marks v. Twohy Bros.Oregon Supreme Court · 1921
- Abbott v. Arkansas Utilities Co.Court of Appeals for the Eighth Circuit · 1948
- Miller v. Missouri Pacific Transportation Co.Supreme Court of Arkansas · 1955
- Graves v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1917
- Silbernagel v. Hirsch Distilling Co.Court of Appeals for the Eighth Circuit · 1938
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