Roach v. Whitfield
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; lames S. Steel, Judge; STATEMENT BY THE COURT. The appellant sued appellees on account for goods alleged to have been sold by appellant to appellees. Appellees answered, denying that they were indebted to appellant in the sum sued for.
Read the full summary
Appeal from Sevier Circuit Court; lames S. Steel, Judge; STATEMENT BY THE COURT. The appellant sued appellees on account for goods alleged to have been sold by appellant to appellees. Appellees answered, denying that they were indebted to appellant in the sum sued for. They set up that they were merchants, and entered into an agreement with appellant whereby she was to ship to appellees such goods as might be necessary and required by appellees on consignment to be paid for when sold, the appellees acting as the agents of appellant in making the sale. They allege that in the transactions out…
1Opinion of the Court
Wood, J.,
(after stating the facts). The refusal of the court to grant appellant’s prayer number 4 was reversible error. The prayer was warranted by the testimony both on the part of appellant and appellees. The appellant, a wholesale dealer, sold to appellees the goods at a fixed price named at the time. Appellees obtained, 'the moment the goods were delivered to them, absolute control over them. They resold them at their own price. The title was retained in appellant only for the purpose of security, but for no other purpose. So far as the appellant was concerned, she had done all she could…
2Cases cited2 opinions
- Osborn v. South Shore Lumber Co.Wisconsin Supreme Court · 1895
- Phillips v. Hollenberg Music Co.Supreme Court of Arkansas · 1907
3Cited by3 opinions
- Olin Mathieson Chemical Corp. v. Southwest Casualty Co.District Court, W.D. Arkansas · 1957
- Standard Accident Insurance Company v. WilmansDistrict Court, E.D. Arkansas · 1963
- National Bank of Ark. v. Interstate Packing Co.Supreme Court of Arkansas · 1927