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TB OF BLYTHEVILLE v. LITTLE ROCK SIGN & EMBLEM6/2/1997
g him twice for a sign that never was put up right. (Emphasis added.)
While other like repair evidence is dispersed throughout the record, the foregoing is sufficient to support the trial court's ruling (and jury's decision) that Taco Bell's second sign was the result of repairs performed by Little Rock Sign, making the voluntary-payment rule, not the UCC, applicable to the facts of this case. That being so, I respectfully dissent and would affirm the trial court's holding that the voluntary-payment rule applied. In sum, because the jury in considering interrogatory number one found that (1) Norwood was Interested Underwriters' agent, and (2) Norwood acted within the scope of such authority when he consented to Taco Bell's voluntary payment to Little Rock Sign for the repair of the second sign, this court, on review, is obliged to affirm those decisions.
NEWBERN, J., joins this dissent.
Page 1 2 3 4 5 6 Arkansas Personal Injury Attorneys
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