Morris v. Southwestern Supply Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy FuVk, Judge; 1. The making of the new contract did not cancel and rescind the first contract. 90 111. 86; Black on Rescission & Cancellation, etc., § 8; 6 L. R. A. 503; 76 Q-a. 3; 149 Mass. 271; 59 Pac. 162; i84 Atl. 811. There must be a mutual revocation, a specific agreement to rescind the old contract. 45 S. E. 374-5. The party must be put in statu quo. 25 Ark. 190. 2. The second engine was of no value, was never…
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Appeal from Pulaski Circuit Court, Second Division; Guy FuVk, Judge; 1. The making of the new contract did not cancel and rescind the first contract. 90 111. 86; Black on Rescission & Cancellation, etc., § 8; 6 L. R. A. 503; 76 Q-a. 3; 149 Mass. 271; 59 Pac. 162; i84 Atl. 811. There must be a mutual revocation, a specific agreement to rescind the old contract. 45 S. E. 374-5. The party must be put in statu quo. 25 Ark. 190. 2. The second engine was of no value, was never accepted and was held subject to the order of appellee. No rescission was worked by estoppel. 3. There was no rescission,…
1Opinion of the Court
McCulloch, C. J.'
Appellant is a rice grower in Lonoke County, and in the year 1916 he purchased from appellee an engine to use in pumping water with which to flood the rice fields in the proper season. There was a written contract in the form of an order signed by appellant and accepted by appellee, and the engine was described as “One 50 H. P. Adams Kerosene Stationary Engine.” The agreed price of $1,500 was payable in installments, and the contract contained the following stipulation:
“This order is given to you with the understanding that you guarantee the goods to be as represented in the…
2Cases cited3 opinions
- Murray v. MillerSupreme Court of Arkansas · 1914
- Cherokee Construction Co. v. Prairie Creek Coal Mining Co.Supreme Court of Arkansas · 1912
- Ozark & Cherokee Central Railway Co. v. FergusonSupreme Court of Arkansas · 1909
3Cited by4 opinions
- Federal Truck & Motors Co. v. TompkinsSupreme Court of Arkansas · 1921
- Farelly Lake Levee District v. McGeorgeSupreme Court of Arkansas · 1926
- Tile-Rite Co. v. Hartsuff, Pennsylvania Court of Common Pleas, Beaver County1950
- Weber Co. v. RossiOhio Court of Appeals · 1930