Cleveland v. Maddox
Supreme Court of Arkansas
Appeal frpm White Circuit Court, J. M. Jackson, Judge; The court erred in directing a verdict for the defendant. On appeal from a directed verdict, this court will view the evidence in the light most favorable to the opposite party. 94 Ark. 530; 73 Ark. 561; 76 Ark. 520; 105 Ark. 136; 120 Ark. 206. The suit is based on an original undertaking.
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Appeal frpm White Circuit Court, J. M. Jackson, Judge; The court erred in directing a verdict for the defendant. On appeal from a directed verdict, this court will view the evidence in the light most favorable to the opposite party. 94 Ark. 530; 73 Ark. 561; 76 Ark. 520; 105 Ark. 136; 120 Ark. 206. The suit is based on an original undertaking. The statute of frauds has no application. 76 Ark. 1; 102 Ark. 407; 40 Ark. 429; 76 Airk. 292; 93 Ark. 277; 15 L. R. A. (N. S.) 214; 36 Ala. 596; 113 Am. St. Rep. 73; 5 Idaho 314; 41 111. 213. In ascertaining to whom credit was extended, the intention of…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a practicing physician and surgeon and instituted this action against appellee to recover on an account for professional services rendered to appellee. A portion of the account is undisputed, but there is an item of $180 for appellant’s services in a surgical operation on appellee’s son, and on the trial of the case before a jury the court directed a verdict against appellant on this item of the account. No testimony was adduced by appellee, and the peremptory instruction was based upon the claim that appellant’s own testimony failed to make out a case not within the statute of…
2Cases cited2 opinions
- Millsaps v. NixonSupreme Court of Arkansas · 1912
- Grady v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1921
3Cited by1 opinion
- Guild v. WhitlowSupreme Court of Arkansas · 1924