Legal Opinion

Brown v. Cone

Supreme Court of Arkansas

Decided June 25, 1917PublishedCited by 1 opinion

Appeal from Chicot Circuit Court; Turner Butter, Judge; 1. It was error to give the peremptory instruction. A clear ease of warranty by the agent, Shaw, was made. The unsoundness of the mules was not an apparent, but a latent, defect. There was an express warranty as to soundness, and the agent was acting within the apparent scope of his authority. 48 Ark. 138,145; 19 L. R. A. 822; 103 Ark. 86; 49 Id. 323; 96 Id. 460; 17 L. R. A. 642; 67 Wash. 403; 29 Am.

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Appeal from Chicot Circuit Court; Turner Butter, Judge; 1. It was error to give the peremptory instruction. A clear ease of warranty by the agent, Shaw, was made. The unsoundness of the mules was not an apparent, but a latent, defect. There was an express warranty as to soundness, and the agent was acting within the apparent scope of his authority. 48 Ark. 138,145; 19 L. R. A. 822; 103 Ark. 86; 49 Id. 323; 96 Id. 460; 17 L. R. A. 642; 67 Wash. 403; 29 Am. Cas. 474; Oliphant on Horses (3 ed.), 124; 31 Cyc. 1354. 2. What constitutes a warranty was a question for the jury. 11 Ark. 341; 94 Id.…

1Opinion of the Court

HART, J.,

(after stating the facts). The court directed a verdict for the defendants on the ground that Shaw had no authority, real or apparent, to warrant the soundness of the mules. Counsel for the defendants seek to uphold the verdict.on the authority of United States Bedding Co. v. Andre, 105 Ark. 111. In that case the court held that a traveling salesman has no implied authority to enter into a contract for advertising his principal’s business in a newspaper or upon billboards. The court held that to justify an implication of authority in an agent, it must appear that the act of the agent…

2Cases cited3 opinions

  1. Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
  2. United States Bedding Co. v. AndesSupreme Court of Arkansas · 1912
  3. Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886

3Cited by1 opinion

  1. Jarvis v. PagueSupreme Court of Arkansas · 1919

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