Templeton v. Equitable Manufacturing Co.
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George M. Chapline, Judge; 1. The contract, when construed in the light of the testimony, including the letters of appellee, was intended to be executory.
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Appeal from Lonoke Circuit Court; George M. Chapline, Judge; 1. The contract, when construed in the light of the testimony, including the letters of appellee, was intended to be executory. Appellants had the right, in season, to return the jewelry and rescind the contract by putting the appellee in statu quo. 4 Ark. 467; 5 Ark. 395; 25 Ark. 196. Delivery of the show case • was an essential inducement to the order, and failure to deliver it, or unreasonable delay therein, authorized appellants to rescind. 35 Ark. 483, 489; 24 Am. & Eng. Enc. Law, 1073; lb. 1077-8-9; 121 U. S. 255; 73 Ark. 584.…
1Opinion of the CourtHill, C. J.
The appellee is engaged in the jewelry business, ' and appellants, Templeton & Adams, are merchants at Kerr, in Lonoke County. Their freight station is the town of Lonoke. The appellee’s place of business is Iowa City, la., and its factory is at Alliance, Ohio. Appellee sold appellants a lot of jewelry, and a written contract was entered into between them. One clause is as follows: “On your approval of this order please deliver to us at your earliest conyenience f. o. b. transportation companies, either at the distributing point or at the factory point, the above assortment of goods on the…
2Cases cited2 opinions
- Nebraska Meal Mills v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1897
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
3Cited by13 opinions
- Pond Creek Mill & Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1920
- Harper v. StateSupreme Court of Arkansas · 1909
- Josey v. StateSupreme Court of Arkansas · 1908
- Myers v. COUNCIL MANUFACTURING CORPORATIONDistrict Court, W.D. Arkansas · 1967
- Southern Produce Co. v. OteriSupreme Court of Arkansas · 1910
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