Hinkle v. Lassiter
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene II. Coleman, Judge; 1. It was error to permit witness Britt to testify that appellee sold the land to Vance, as it was clearly the expression of a conclusion of law. 13 Ark. 461; 97 Id. 176; 70 Id. 423; 62 Id. 510; 114 Id. 516; 1 Thompson on Trials, § 377; 66 Ark. 494; 91 Id. 427. 2. The case should be reversed because of newly discovered evidence which was not merely cumulative, but was such as would probably have changed the…
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Appeal from Independence Circuit Court; Dene II. Coleman, Judge; 1. It was error to permit witness Britt to testify that appellee sold the land to Vance, as it was clearly the expression of a conclusion of law. 13 Ark. 461; 97 Id. 176; 70 Id. 423; 62 Id. 510; 114 Id. 516; 1 Thompson on Trials, § 377; 66 Ark. 494; 91 Id. 427. 2. The case should be reversed because of newly discovered evidence which was not merely cumulative, but was such as would probably have changed the result of the trial. Hayne on New Trials, 424-5; 129 Cal. 690; L. R. A. 1916 C, 1162; 83 la. 548'; 24 S. D. 32; 133 Am. St.…
1Opinion of the CourtWood, J.
This action was brought by the appellee against the appellant to recover the sum of $500 alleged to be due appellee from the appellant as commission on the sale of certain real estate.
The appellee alleged that the appellant gave him written authority to sell the land.
The appellant admitted that he gave the appellee written authority to sell the land as described in appellee’s complaint, but denied that appellee sold the land upon the terms agreed upon between them and denied that he was indebted to the appellee in any sum.
The appellee testified to and exhibited an instrument which, after…
2Cases cited4 opinions
- Ward v. StateSupreme Court of Arkansas · 1908
- McDonald v. DanielSupreme Court of Arkansas · 1912
- School District No. 11 v. School District No. 20Supreme Court of Arkansas · 1897
- Southern Cotton Oil Co. v. CampbellSupreme Court of Arkansas · 1913
3Cited by5 opinions
- Aetna Life Ins. Co. v. LangstonSupreme Court of Arkansas · 1934
- Arkansas Power & Light Co. v. MartSupreme Court of Arkansas · 1933
- Wilson v. StateSupreme Court of Arkansas · 1977
- Caddo Central Oil & Refining Corp. v. Boat-Right & CheesmanSupreme Court of Arkansas · 1923
- McNew v. WoodSupreme Court of Arkansas · 1942