American Sales Book Co. v. Whitaker
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; 1. The contract being clear and unambiguous and the signing thereof admitted, appellee’s testimony that the goods in question were delivered to him upon 30 days’ trial was inadmissible. 94 Ark. 130. 2. If an agent or salesman, who is employed to sell goods from samples and has no possession of the goods but mails the orders therefor to the company to be executed, has no authority to receive payment thereafter for them,…
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Appeal from Boone Circuit Court; George W. Reed, Judge; 1. The contract being clear and unambiguous and the signing thereof admitted, appellee’s testimony that the goods in question were delivered to him upon 30 days’ trial was inadmissible. 94 Ark. 130. 2. If an agent or salesman, who is employed to sell goods from samples and has no possession of the goods but mails the orders therefor to the company to be executed, has no authority to receive payment thereafter for them, neither would he be authorized to invalidate a written contract for the purchase of goods, and accept their return in…
1Opinion of the CourtFrauenthal, J.
This was a suit to recover from appellee the purchase money of a recapitulator, and certain supplies connected therewith, which appellant alleged it had sold to him in pursuance of a written contract. The suit originated in a justice of the peace court, from whose judgment an appeal was taken to the circuit court. In the circuit couyt a verdict was returned in favor of appellee, and from the judgment entered thereon this appeal is prosecuted.
The appellant was located at Elmira, N. Y., and was engaged in the manufacture and sale of the goods for the purchase money of which this action was…
2Cases cited8 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
- Graham v. RemmelSupreme Court of Arkansas · 1905
- Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886
- Bradley Gin Co. v. J. L. Means Machinery Co.Supreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Reynolds v. AshabrannerSupreme Court of Arkansas · 1949
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- United States Bedding Co. v. AndesSupreme Court of Arkansas · 1912
- Ingle v. Marked Tree Equipment Co.Supreme Court of Arkansas · 1968
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.District Court, W.D. Arkansas · 1959
15 more not listed; retrieve them via the Exa API.