Engles v. Blocker
Supreme Court of Arkansas
Appeal from, Sebastian Circuit Court, Ft. Smith District; Paul Little, Judge; 1. The court erred in refusing to reopen the case for additional evidence. 119 Ark. 450; 108 N. E. 757. 2. There was error in admitting copies of letters in evidence. The proper foundation was not laid, nor showing made. 115 Ark. 142; 72 Id. 47; 53 S. W. 655; 18 Barb. 530; 76 N. W. 416; 107 Id.* 299; 81 Am.
Read the full summary
Appeal from, Sebastian Circuit Court, Ft. Smith District; Paul Little, Judge; 1. The court erred in refusing to reopen the case for additional evidence. 119 Ark. 450; 108 N. E. 757. 2. There was error in admitting copies of letters in evidence. The proper foundation was not laid, nor showing made. 115 Ark. 142; 72 Id. 47; 53 S. W. 655; 18 Barb. 530; 76 N. W. 416; 107 Id.* 299; 81 Am. Dec. 690. 3. The court erred in admitting the testimony of Blocker and others as to what Engles received in stock. It was hearsay. 4. Blocker had no license; it was error to exclude proof to that effect.…
1Opinion of the CourtHart, J.
(after stating the facts).
(1-2) The court instructed the jury that the letters read in evidence constituted a contract between the plaintiffs and defendant and the action of the court in so ruling is assigned as error calling for a reversal of the judgment. Ordinarily it is the duty of the court in the trial of cases to construe a written contract and declare its terms and meaning to the jury. In the instant ease the terms of the contract were evidenced by the letters set out in the statement of facts and it was the duty of the court to construe the contract and declare its terms to the jury.…
2Cases cited6 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Stiewel v. LallySupreme Court of Arkansas · 1909
- Hodges v. BayleySupreme Court of Arkansas · 1912
- Mann v. UrquhartSupreme Court of Arkansas · 1909
- International Harvester Co. of America v. ElfstromSupreme Court of Minnesota · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lumber Fabricators, Inc. v. Appalachian Oak Flooring & Hardwood Corp.Alabama Court of Appeals · 1962
- Kasalica v. Industrial Commission of ArizonaArizona Supreme Court · 1946
- Talley v. TuggleSupreme Court of Arkansas · 1931
- Street Improvement District No. 419 v. LewisSupreme Court of Arkansas · 1950