Legal Opinion

Russell v. Barnhart Mercantile Co.

Supreme Court of Arkansas

Decided June 13, 1921Published

Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; The court erred in giving a peremptory instruction for appellee. There is only one disputed fact in the case, and that in reference to the amount of damages which appellant alleged he sustained by reason of the failure of appellee to deliver the peanuts.

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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; The court erred in giving a peremptory instruction for appellee. There is only one disputed fact in the case, and that in reference to the amount of damages which appellant alleged he sustained by reason of the failure of appellee to deliver the peanuts. No slipping’ instructions were given prior to tie expiration of tie sixty days provided for in the contract, but tie contract called for shipment at “buyer’s option within sixty days,” and tie failure of tie buyer to exercise bis option is equivalent to a demand for delivery on tie…

1Opinion of the CourtSmith, J.

Appellant is a merchandise broker engaged in business in the city of Pine Bluff. Appellee is a corporation engaged in the business of selling edible nuts, with places of business in Petersburg, Virginia, and St. Louis, Missouri.

Through the St. Louis office, on July 7, 1919, appellant ordered six hundred sacks of fancy hand-picked peanuts, and this order was evidenced by a written sales contract. In this contract the following provisions appear :

‘‘Time of Shipment. Buyer’s option within sixty days.

“Terms of Sale, Net Cash. SD B-L attached F. O. B. Petersburg, Va.
“Quantity Grade and Description…

2Cases cited1 opinion

  1. Brown v. Yukon National BankSupreme Court of Arkansas · 1919

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