Legal Opinion

Wayne Tank Pump Company v. Bank of Eureka Springs

Supreme Court of Arkansas

Decided January 31, 1927PublishedCited by 3 opinions

1Opinion of the CourtSmith, J.

Cook & Border, merchants at Eureka Springs, bought from Ed Kincaid, a salesman representing the Wayne Tank & Pump Company, an oil storage tank, the regular price of which was $559, a discount of five per cent, being allowed for full payment in cash.

These tanks were sold under written orders, which had printed in large type that ‘ ‘ agents for the company are not authorized to collect money hereunder, except for initial payment. ’ ’

Cook & Border paid cash for the tank ordered by them, and, in payment therefor, delivered to Kincaid their check on the Bank of Eureka Springs for $538.85. Kincaid…

2Cases cited4 opinions

  1. Schaap v. First National BankSupreme Court of Arkansas · 1918
  2. Sims v. American National BankSupreme Court of Arkansas · 1911
  3. Rogers Commission Co. v. Farmers' BankSupreme Court of Arkansas · 1911
  4. State v. Bank of CommerceSupreme Court of Arkansas · 1918

3Cited by3 opinions

  1. Saf-T-Boom Corp. v. Union National BankSupreme Court of Arkansas · 1963
  2. Atkinson v. Bank of NashvilleSupreme Court of Arkansas · 1928
  3. Yarborough v. Peoples National BankSupreme Court of South Carolina · 1931

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