Legal Opinion

Sauerman v. Simmons

Supreme Court of Arkansas

Decided March 25, 1905PublishedCited by 1 opinion

Appeal from Pope Circuit Court. STATEMENT BY THE COURT. Nppellee brought suit before a justice of the peace in Pope County, alleging in his complaint that he purchased a pump and fixtures from appellants, and paid therefor $35 in cash, upon the representation of appellants that it would lift water thirty-three feet on a straight lift; that it would not work as represented, and by reason thereof he had been damaged in the sum of $35 paid for the pump, and in loss of labor' of…

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Appeal from Pope Circuit Court. STATEMENT BY THE COURT. Nppellee brought suit before a justice of the peace in Pope County, alleging in his complaint that he purchased a pump and fixtures from appellants, and paid therefor $35 in cash, upon the representation of appellants that it would lift water thirty-three feet on a straight lift; that it would not work as represented, and by reason thereof he had been damaged in the sum of $35 paid for the pump, and in loss of labor' of men and teams and other items; and praying judgment for $97.14 and costs. Appellants answered, admitting the sale of…

1Opinion of the Court

Wood, J.,

(after stating the facts.) There was no demurrer to the complaint. There was no allegation that the representations were warranties; but the parties treated the complaint as stating a cause of action upon a warranty, and tried the case upon that theory, and we will so consider it here. Appellants denied that any false representations were made,' and denied that the representations constituted a warranty. There- was proof tending to show that appellants refused to sell until appellee had fully inspected the pump, and had made a test of the pump’s power to throw water at the tub. There…

2Cases cited1 opinion

  1. James & Co. v. Bocage & Co.Supreme Court of Arkansas · 1885

3Cited by1 opinion

  1. Witte v. Cooke Tractor Co.Missouri Court of Appeals · 1953

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