Rose City Bottling Works v. Godchaux Sugars, Inc.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martinecm, Chancellor; 1. The demurrer and motion to transfer should have been sustained. The cause .of action was solely an action by a vendor for damages for breach of a contract of sale of personalty, — purely a legal action. 44 N. Y. 72; 140 N. Y. 70; 155 N. Y. 481; 63 Am.
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Appeal from Pulaski Chancery Court; John E. Martinecm, Chancellor; 1. The demurrer and motion to transfer should have been sustained. The cause .of action was solely an action by a vendor for damages for breach of a contract of sale of personalty, — purely a legal action. 44 N. Y. 72; 140 N. Y. 70; 155 N. Y. 481; 63 Am. St. Rep. 692; 79 Ark. 63; 92 Id. 111. It was a prerequisite to the existence of a seller’s lien, that the title of the property should have passed to the buyer. 93 Me. 549; 45 Ati. 829; 37 Mo. App. 352; 8 L. R. A. 147. Here the title did not pass to appellant. Consignment of…
1Opinion of the CourtMcCulloch, C. J.
Appellee was, at the time when the transactions now under review took place, a foreign corporation with its principal place of business in the State of Louisiana, engaged in the refining of sugar and selling it at wholesale. On or about April 28, 1920, it accepted, through Henry Leigh, a merchandise broker in Little Rock, an order from appellant Rose City Bottling Works for 100,000 pounds of sugar at the price of 25 cents per pound, to be delivered in July, 1920. The order for the sugar was taken from said appellant by Leigh in conformity with ordinary trade custom pursued by merchandise…
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