Bunch v. Weil
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. Action by Weil Bros. & Bauer against T. H. Bunch. Judgment for plaintiffs, from which defendant has appealed.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. Action by Weil Bros. & Bauer against T. H. Bunch. Judgment for plaintiffs, from which defendant has appealed. A mere representation of a chattel sold is not a warranty. 45 Ark. 284; 14 Ark. 21. One who professes to be an agent cannot, by any statement made unknown to the principal, establish the fact of the agency. 46 Ark. 222; 29 Ark. 512; 24 Ark. 12; Mechem, Agency, § 100. The court erred in permitting letters pertaining to other transactions to go before the jury. 58 Ark. 125; 59 Ark. 105; 34 Am. Dec. 554; 30 la. 455; 32 Mich.…
1Opinion of the CourtBunn, C. J.
The appellees, a company of general merchants, doing business in the city of Alexandria,, in the state of Louisiana, brought this action in the second division of the Pulaski circuit court, on the nth day of June, 1899, against T. H. Bunch, a wholesale dealer doing business in the city of Little Rock, Ark., to rescind the sale of 129 barrels of flour, and for the invoice price thereof which had been paid the defendant by plaintiffs, said invoice price being the sum of $709.50, or $5.50 per barrel; and also the difference between said invoice price of forty-one other barrels of same flour,…
2Cases cited9 opinions
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- Dushane v. BenedictSupreme Court of the United States · 1887
- Babcock v. TriceIllinois Supreme Court · 1857
- Gallagher v. WaringNew York Supreme Court · 1832
- Murchie v. CornellMassachusetts Supreme Judicial Court · 1891
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