Myers v. Linebarger
Supreme Court of Arkansas
Appeal from Washington Chancery Court; Ben F. McMahan, Chancellor; The representations made by appellee were false and fraudulent and known by him to be so. 101 Ark. 95-100; 182 S. W. 128; 24 F. Y. Supp. 333; 115 N. W. 1111. Appellant has not abstracted the testimony, and the cause should be affirmed.
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Appeal from Washington Chancery Court; Ben F. McMahan, Chancellor; The representations made by appellee were false and fraudulent and known by him to be so. 101 Ark. 95-100; 182 S. W. 128; 24 F. Y. Supp. 333; 115 N. W. 1111. Appellant has not abstracted the testimony, and the cause should be affirmed. Before a principal can recover damages from an agent, it is necessary for him to allege and prove that he sustained actual damages from the injuries or wrongs committed by the agent and the amount required to compensate him. 95 Ark. 597; Tiffany on Agency 398; 1 Clark & Skyles on Agency 398.…
1Opinion of the CourtMcCulloch, C. J.
Appellant Ellen Myers- formerly resided in the town of Riviera, Texas, and owned several lots there, on one of which was situated a building used as a hotel. Mrs. Rosa E. Troné owned a farm in Washington County, Arkansas, containing 108 acres, of which about 36 acres were in cultivation, and on which there was an apple orchard containing 285 bearing trees. Each of those parties desired to sell or exchange their respective properties, and appellee Elmer Linebarger, who lived at Fayetteville, was authorized by each of the parties to negotiate a sale, and he finally brought the parties together…
2Cases cited3 opinions
- Brown v. LeMaySupreme Court of Arkansas · 1911
- Shapard v. MixonSupreme Court of Arkansas · 1916
- Myers v. LinebargerSupreme Court of Arkansas · 1918
3Cited by4 opinions
- Johnson v. CarpenterSupreme Court of Arkansas · 1986
- Baldwin v. BrownSupreme Court of Arkansas · 1924
- Brown v. Maryland Casualty Co.Supreme Court of Arkansas · 1968
- Wasson v. LillardSupreme Court of Arkansas · 1934