Pratt v. Metzger
Supreme Court of Arkansas
Appeal from Conway Circuit Court; William L. Moose, Judge; 1. Where a warranty is upon condition, or when some duty is devolved upon the purchaser by the terms of the warranty, such condition must be fulfilled upon his part before he can interpose the breach as a defense. 28 Am. & Eng. Enc. Law, 830; 75 Ark. 206; 76 Ark. 74; 71 Iowa, 101; 36 Nan. 439; 18 S. W. 789; 3 Wash. 603. The vendee must show that the conditions have been complied with. 14 Pa.
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Appeal from Conway Circuit Court; William L. Moose, Judge; 1. Where a warranty is upon condition, or when some duty is devolved upon the purchaser by the terms of the warranty, such condition must be fulfilled upon his part before he can interpose the breach as a defense. 28 Am. & Eng. Enc. Law, 830; 75 Ark. 206; 76 Ark. 74; 71 Iowa, 101; 36 Nan. 439; 18 S. W. 789; 3 Wash. 603. The vendee must show that the conditions have been complied with. 14 Pa. St. 211; 21 Barb. 236; 1 Iowa, 531; 11 N. E. 206; 12 N. E. 495; 55 N. W. 580; 11 Neb. 116. Where the vendee refuses to comply with his part of…
1Opinion of the CourtBattle, J.
This case is very much like Pratt v. Meyer, 75 Ark. 206. Walter Pratt & Company brought an action against M. A. Metzger, before a justice of the peace of Conway County, for $198.88, upon a written contract by which the plaintiffs agreed to sell and deliver to the defendant a bill of perfumes, soaps and toilet articles. In the justice’s court the defendant recovered judgment, and the plaintiffs appealed to the circuit court, where the defendant was again successful, and plaintiffs appealed to this court.
The same order for the goods was given in this case as was given in Pratt v. Meyer, supra,…
2Cases cited3 opinions
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Duffie v. PrattSupreme Court of Arkansas · 1905
- Pratt v. MeyerSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Ramsey v. RamseySupreme Court of Arkansas · 1975
- Remy, Schmidt & Pleissner v. HealyMichigan Supreme Court · 1910
- District Grand Lodge No. 11 v. PrattSupreme Court of Arkansas · 1910
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908
- National Novelty Import Co. v. EllisSupreme Court of Arkansas · 1920
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