Legal Opinion

Miellmier v. Toledo Scale Co.

Supreme Court of Arkansas

Decided March 26, 1917PublishedCited by 8 opinions

Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The,court erred in refusing to direct a verdict for appellant. Plaintiff was doing business within this State without complying with its laws. This was alleged in the answer and is not denied. 20 Ark. 204-7; 12 Id. 769; 10 Cye. 1359; 90 Ark. 73; 15 Id. 156; 115 Id. 166. 1. Both parties moved for an instructed verdict.

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Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. The,court erred in refusing to direct a verdict for appellant. Plaintiff was doing business within this State without complying with its laws. This was alleged in the answer and is not denied. 20 Ark. 204-7; 12 Id. 769; 10 Cye. 1359; 90 Ark. 73; 15 Id. 156; 115 Id. 166. 1. Both parties moved for an instructed verdict. This waived a trial by jury and left it to the court to decide. 100 Ark. 71; 105 Id. 25. 2. There was no proof that plaintiff had not complied with the law& of this State and there is no proof that…

1Opinion of the CourtHart, J.

Toledo Scales Company sued W. H. Miellmier to recover the purchase price of certain computing scales.

The complaint alleges that plaintiff is a corporation domiciled at Toledo, Ohio, and that defendant is a resident of the Greenwood District of Sebastian county; that it entered into a written contract with defendant for the sale of scales to be used in his grocery business, and that defendant owes it the balance of the purchase price in the sum of $125.00. The defendant in his answer stated that he did not deny that the plaintiff is a corporation organized under the laws of Ohio but asserts…

2Cases cited4 opinions

  1. St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
  2. Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
  3. St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
  4. Lehigh Valley Coal Co. v. GilmoreSupreme Court of Minnesota · 1904

3Cited by8 opinions

  1. Hogan v. Intertype Corp.Supreme Court of Arkansas · 1918
  2. Johnson v. Stuckey & Speer, Inc.Court of Appeals of Arkansas · 1984
  3. Widmer v. JI Case Credit CorporationSupreme Court of Arkansas · 1967
  4. Hicks Body Company, Inc., a Corporation v. Ward Body Works, Inc.Court of Appeals for the Eighth Circuit · 1956
  5. Watson v. Empire Cream Separator Co.Supreme Court of Colorado · 1919

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