McDonald v. Hill
Supreme Court of Arkansas
Appeal from Little Eiver Circuit Court; Jefferson T. Cowling, Judge; 1. Immaterial testimony was introduced to the prejudice of appellants, as to the authority of Hill to rent or loan the machine, and as to its damaged condition. The action was changed from contract to tort. 2. It was error to 'treat the complaint as amended and refusing time to meet the issue. 88 Ark. 181. 3. The court erred in its instructions.
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Appeal from Little Eiver Circuit Court; Jefferson T. Cowling, Judge; 1. Immaterial testimony was introduced to the prejudice of appellants, as to the authority of Hill to rent or loan the machine, and as to its damaged condition. The action was changed from contract to tort. 2. It was error to 'treat the complaint as amended and refusing time to meet the issue. 88 Ark. 181. 3. The court erred in its instructions. Where property is loaned, or where the parties using the same are led to believe that no rent will be charged, the owner can not afterwards charge rent for use of the property. 68…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee instituted this action against appellant to recover a sum of money alleged to be due for the rent of an under-reamer, a tool or machine used in the drilling of wells, and it is alleged in the complaint that appellants rented the tool and used it for a period of 60 days, and that a reasonable rental value thereof was $10.00 per day. Appellants filed an answer denying that they rented the tool or machine from appellees. There was a trial of the issues before a jury and the evidence adduced by appellees tended to show that appellants obtained possession of the under-reamer from them for…
2Cases cited1 opinion
- Grist v. LeeSupreme Court of Arkansas · 1916