Mitchell Manufacturing Co. v. Kempner
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chan cellor; 1. Appellees not entitled to reformation because: (1), They signed without reading, when no fraud was practiced to prevent it, and are bound by it. 71 Ark. 185. (2) There was no mutual mistake of the parties, if any mistake existed. 71 Ark. 614. The contracts put them on notice that they took the risk, for it is so expressly provided.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chan cellor; 1. Appellees not entitled to reformation because: (1), They signed without reading, when no fraud was practiced to prevent it, and are bound by it. 71 Ark. 185. (2) There was no mutual mistake of the parties, if any mistake existed. 71 Ark. 614. The contracts put them on notice that they took the risk, for it is so expressly provided. The misrepresentations of the agent were clearly an afterthought, and their letters disprove their defense. 2. Mere preponderance of evidence is not sufficient tO' avoid a contract for fraud. It…
1Opinion of the CourtMcCulloch, J.
The Mitchell Manufacturing Company, an Ohio corporation, is engaged in the business of manufacturing and leasing machines called “The Silent Shoe Lace Salesman,” which are designed for use in selling shoe laces. Shoe laces are placed in these machines in pairs, and the machine is operated by dropping a nickel in a slot which causes a pair of laces to be released and passed out to the operator. They are set in public places, such as hotel lobbies, barber shops, railroad waiting rooms, etc., and in this way become, as the name implies, silent shoe lace salesmen. Appellant also manufactures for…
2Cases cited6 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Main v. DearingSupreme Court of Arkansas · 1905
- Marquette Timber Co. v. Chas. T. Abeles Co.Supreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Welch v. WelchSupreme Court of Arkansas · 1918
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Clay v. BrandSupreme Court of Arkansas · 1963
- Neill v. Nationwide Mutual Fire InsuranceSupreme Court of Arkansas · 2003
- Dodson v. AbercrombieSupreme Court of Arkansas · 1948
23 more not listed; retrieve them via the Exa API.