Truschel v. Dean
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Styles T. Rowe, Judge; STATEMENT BY THE COURT. The plaintiff, Clyde Dean, of Portland, N. Y., commenced this action against the defendant, George Truschel, of Fort Smith, Ark., to recover $457.61 on open account for one carload of ' grapes sold and delivered on board car at Portland.
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Appeal from Sebastian Circuit Court, Fort Smith District; Styles T. Rowe, Judge; STATEMENT BY THE COURT. The plaintiff, Clyde Dean, of Portland, N. Y., commenced this action against the defendant, George Truschel, of Fort Smith, Ark., to recover $457.61 on open account for one carload of ' grapes sold and delivered on board car at Portland. The contract of sale was evidenced by two telegrams, the first from plaintiff to defendant quoting prices of grapes loaded on board cars at Portland, N. Y., and the second from defendant to plaintiff accepting the offer and ordering shipment. The defendant…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) In sales of goods where the purchaser has had no opportunity to inspect them, there is an implied warranty that they are reasonably fit for the purposes for which they are ordinarily used; and when they are, under such circumstances, purchased for a particular purpose known to the seller, there is an implied warranty that they are fit for that purpose. Bunch v. Weil, 72 Ark. 343; Curtis & Co. Mfg. Co. v. Williams, 48 Ark. 330; Benjamin on Sales, § § 645, 656; 2 Mechem on Sales, § 1358.
The facts of this case fall squarely within the rule stated. The…
2Cases cited1 opinion
- Bunch v. WeilSupreme Court of Arkansas · 1904
3Cited by9 opinions
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Nock v. Coca Cola Bot. Wks. Pgh.Superior Court of Pennsylvania · 1931
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- Cassini v. Curtis Candy Co.Supreme Court of New Jersey · 1934
- S. F. Bowser & Co. v. KilgoreSupreme Court of Arkansas · 1911
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