Rock v. Deason & Keith
Supreme Court of Arkansas
Appeal from Benton Chancery Court; Ben F. Mc-Mahan, Chancellor; STATEMENT OE EAOTS. Appellants sued appellees in the circuit court for damages for breach of a contract to purchase a car of flour and feed.
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Appeal from Benton Chancery Court; Ben F. Mc-Mahan, Chancellor; STATEMENT OE EAOTS. Appellants sued appellees in the circuit court for damages for breach of a contract to purchase a car of flour and feed. Appellees admit that they gave to appellants an order for a car load of flour which was to be shipped on September 15, 1917, but allege as a defense to the action that the National Grovernment took charge of the manufacture and sale of the flour and prohibited its sale at the price they had contracted to pay for it, whereby they were prohibited without fault on their part from carrying out…
1Opinion of the CourtHart, J.
(after stating the facts). The decision of the chancellor was wrong. The order signed by appellees on August 7, 1917, constituted an offer to buy the car load of flour from appellants and the acceptance by appellants on August 9, 1917, constituted a completed contract. Emerson v. Stevens Grocer Co., 95 Ark. 421; Cage v. Black, 97 Ark. 613; and Emerson v. Stevens Grocer Co., 105 Ark. 575.
In a case note to 3 A. L. R., page 35, it is said that the war measures embodied in the rules of the milling division of the United States Food Administration constitute no defense to an action for the breach…
2Cases cited3 opinions
- Cage v. BlackSupreme Court of Arkansas · 1911
- Emerson v. Stevens Grocer Co.Supreme Court of Arkansas · 1910
- Emerson v. Stevens Grocer Co.Supreme Court of Arkansas · 1912
3Cited by3 opinions
- Deason & Keith v. RockSupreme Court of Arkansas · 1921
- Associated Seed Growers, Inc. v. JohnsonSupreme Court of Arkansas · 1957
- Marshall v. Board of Directors MacEdonia School DistrictSupreme Court of Arkansas · 1945