Christian & Taylor v. Fancher
Supreme Court of Arkansas
Appeal from Boone Circuit Court, J. M. Shinn, Judge; The court erred in excluding testimony as to the reasonable value of the services of appellants and in refusing to give the instruction on the subject of reasonable compensation requested by them. 98 S. W. 943; 102 5. W. 721; 224 Fed. 892. It was prejudicial error to permit the wife of appellee Fancher to testify. Neither husband nor wife may testify for or against the other.
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Appeal from Boone Circuit Court, J. M. Shinn, Judge; The court erred in excluding testimony as to the reasonable value of the services of appellants and in refusing to give the instruction on the subject of reasonable compensation requested by them. 98 S. W. 943; 102 5. W. 721; 224 Fed. 892. It was prejudicial error to permit the wife of appellee Fancher to testify. Neither husband nor wife may testify for or against the other. C. & M. Dig., § 4146; 29 Ark. 603. The wife of one defendant may not testify on behalf of a co-defendant, if her testimony, in its effect, goes to the interest of both…
1Opinion of the CourtSmith, J.
Appellants are real estate brokers, doing business under the partnership name of Christian & Taylor, and they brought this suit against' appellees to recover a commission alleged to be due upon the sale of a farm owned by appellees as tenants in common. According to appellants, the farm had been listed with them for sale for some months at $5,000, for an agreed commission of five per cent. But, shortly before the land was sold, appellees offered appellants, as. a special inducement ■ to effect an immediate sale, all over $5,000 which they might obtain for the farm, so that, according to…
2Cases cited10 opinions
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Little Rock Gas & Fuel Co. v. CoppedgeSupreme Court of Arkansas · 1915
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Walker v. SteeleIndiana Supreme Court · 1889
- Stewart v. StewartWisconsin Supreme Court · 1877
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3Cited by4 opinions
- F. Kiech Manufacturing Co. v. JamesSupreme Court of Arkansas · 1924
- Lighter v. StateSupreme Court of Arkansas · 1923
- Bailey v. FenterSupreme Court of Arkansas · 1928
- Conrad v. CarterSupreme Court of Arkansas · 1973