Kefauver v. Price
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. The court erred in giving instruction No. 1 for plaintiff. It attempts to define what is necessary to constitute a warranty in sales and is correct abstractly, but there is no evidence upon which to base it.
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Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. The court erred in giving instruction No. 1 for plaintiff. It attempts to define what is necessary to constitute a warranty in sales and is correct abstractly, but there is no evidence upon which to base it. Also in giving No. 4 which is abstract in form and errs as to the measure of damages. 35 Cyc. 465-472-479. 2. The court erred in giving No. 1 on its own motion, submitting to the jury the question as to whether or not the words used by defendant were mere words of commendation, opinion, belief, judgment or estimates, etc. There was…
1Opinion of the CourtMcCulloch, C. J.
Appellees instituted this action against appellant to recover damages sustained by reason of an alleged breach of warranty in the sale of sorghum seed by appellant to appellees for planting purposes. Appellant was engaged in the grocery business at Bogers, Arkansas, and sold seed as a part of his business. Appellees are farmers, and purchased of appellant a lot of sorghum seed for planting purposes. The seeds were sold as of a certain variety designated as “ Orange Sorghum Seed,” and were planted and cultivated, but turned out, according to the testimony adduced by appellees, to be a mixture…
2Cases cited8 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Vaughan's Seed Store v. StringfellowSupreme Court of Florida · 1908
- Hoffman v. DixonWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Henderson v. BerceSupreme Judicial Court of Maine · 1946
- J. S. Elder Grocery Co. v. ApplegateSupreme Court of Arkansas · 1922
- Associated Seed Growers, Inc. v. JohnsonSupreme Court of Arkansas · 1957
- Smith v. TatumSupreme Court of Arkansas · 1939
- Wyll v. KentCourt of Appeals of Texas · 1932
3 more not listed; retrieve them via the Exa API.