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Studio D A2 Testheft Pdf 30
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360 S.W.2d 877 (1962)
Emanuel B. CURRY, Individually, and Emanuel B. Curry, doing business as E. B. Curry Company, Appellants,
W. P. LUSK, Appellee.
Supreme Court of Arkansas.
October 2, 1962.
Conner & Easterling, Little Rock, for appellants.
McFadden & McFadden, Little Rock, for appellee.
GEORGE ROSE SMITH, Justice.
This litigation began when the plaintiff, W. P. Lusk, who operates the Lusk Hardware Store, sued Emanuel B. Curry, whose business it is known as E. B. Curry Company, to recover for a balance due on a contract for the purchase of a Little Rock radio station. The trial court rendered judgment for Lusk on the issue of liability and entered a decree for $2662.32 in favor of the plaintiff as the balance due. Curry has appealed, alleging that Lusk was barred by laches from presenting the claim to the trial court.
The appellant Curry says that he had been the owner of the radio station at one time and that he had a contract with Lusk’s predecessor in business, which was in effect at the time of the original purchase. Curry also says that Lusk’s predecessor in business assigned this contract to Curry, which is not disputed. Curry, however, was not given a promissory note for the balance remaining unpaid on the contract, but was given a radio transmitter and an interest in the station.
Lusk now takes the position that the contract with Curry was not assignable by Curry to Lusk’s predecessor in business and that, therefore, the assignee was not obligated to Curry in the first instance. This issue is crucial to the case, because Curry’s claim against the plaintiff is in the nature of a cross action. If Curry’s contract with Lusk’s predecessor in business was not assignable, then Curry can neither sue Lusk nor bring suit against him. At a bench trial the testimony was taken without objection.
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Studio D A2 Testheft Pdf 30
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