Southern Engine & Boiler Works v. Globe Cooperage & Lumber Co.
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. No notice of any defects was given for nearly five months after the machinery was set up and used, hence there was no liability under the contract. 75 Ark. 206; 2 Mech. on Sales, § § 1380, 1384; 6 N. W. Rep. 46; 44 Iowa 237; 5 Neb. 482; 79 Mo. 264; 76 Ark. 74; 78 Id. 177. 2. No recovery can be had for the broken parts, because the contract was for delivery on board cars at Jackson, Tenn.
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Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. No notice of any defects was given for nearly five months after the machinery was set up and used, hence there was no liability under the contract. 75 Ark. 206; 2 Mech. on Sales, § § 1380, 1384; 6 N. W. Rep. 46; 44 Iowa 237; 5 Neb. 482; 79 Mo. 264; 76 Ark. 74; 78 Id. 177. 2. No recovery can be had for the broken parts, because the contract was for delivery on board cars at Jackson, Tenn. Nor because the mill was idle, nor for money paid hands in attempting to run the mill after discovering it was not as represented. 2 Suth. on…
1Opinion of the CourtFrauenthal, J.
This was an action of replevin instituted by appellant for the recovery of certain sawmill machinery .which it sold to appellee. The sale was made in pursuance of a written contract under which the appellee executed notes for the purchase money of the property, the last of which was past due and had not been paid. In the contract and notes it was stipulated that the title to the property remained in the appellant until the payment of the purchase money, with the immediate right of possession upon default in the payment thereof.
The appellee admitted the execution of the contract and notes and…
2Cases cited10 opinions
- Beasley, Hallett & Co. v. Huyett & Smith Mfg. Co.Supreme Court of Georgia · 1893
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Harper v. StateSupreme Court of Arkansas · 1909
- Ramsey v. CapshawSupreme Court of Arkansas · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Frigorifico Wilson De La Argentina v. Weirton Steel Co.Court of Appeals for the Fourth Circuit · 1933
- Carle v. Avery Power MacHinery Co.Supreme Court of Arkansas · 1932
- Markstein Bros. v. J. A. White & Co.Supreme Court of Arkansas · 1921
- Thomas v. SchaadSupreme Court of Arkansas · 1926
- J. C. Boss Engineering Co. v. Gunderson Brick & Tile Co.Supreme Court of Minnesota · 1926
2 more not listed; retrieve them via the Exa API.