Arkansas Amusement Ass'n v. Higgins
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; Appellant is not liable because (-1) the proof shows that R. G. Daniels bought and owned the Majestic Theater individually; (2) that he did not contract this debt in the name of the appellant; (3) it does not show that the by-laws or minutes of the corporation gave him any authority to purchase and operate theaters for appellant, or (4) that it held him out as having such authority. 62 Ark. 42. 1. The defense of want of…
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Appeal from Garland Circuit Court; W. H. Evans, Judge; Appellant is not liable because (-1) the proof shows that R. G. Daniels bought and owned the Majestic Theater individually; (2) that he did not contract this debt in the name of the appellant; (3) it does not show that the by-laws or minutes of the corporation gave him any authority to purchase and operate theaters for appellant, or (4) that it held him out as having such authority. 62 Ark. 42. 1. The defense of want of authority on the part of the agent should have been pleaded in the lower court. This is a defense which must be…
1Opinion of the CourtMcCueeoch, C. J.
This is an action instituted by Henry Higgins, who is a carpenter, against defendant, the Arkansas Amusement Association, on account for $216.46, alleged to be due plaintiff for work done about a building in the city of Hot Springs, known as the Majestic Theater. Plaintiff recovered judgment below, and defendant appeals. The only contention made in the argument here is that the testimony is insufficient to sustain the verdict.
Defendant is a domestic corporation, organized for the purpose of operating places of amusement, such as moving picture shows and vaudeville theaters. R. G. Daniels was…
2Cited by1 opinion
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