Merchants' Grocery Co. v. Ladoga Canning Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Edward W. Winñeld, Judge; This is purely an Arkansas contract. The order was given upon examination of a sample of the corn shown by appellee’s broker to- appellant in Little Rock. True, the corn was priced f. o. b. cars Ladoga, Indiana, but that -did not make it an Indiana contract. The place of performance was at Searcy, Arkansas, where the corn was to be examined.
Read the full summary
Appeal from Pulaski Circuit Court, Second Division; Edward W. Winñeld, Judge; This is purely an Arkansas contract. The order was given upon examination of a sample of the corn shown by appellee’s broker to- appellant in Little Rock. True, the corn was priced f. o. b. cars Ladoga, Indiana, but that -did not make it an Indiana contract. The place of performance was at Searcy, Arkansas, where the corn was to be examined. There is no question.in this case of damage occurring to the corn while in transit. Therefore, the existence of a custom which is proved merely by the secretary of ■the appellee…
1Opinion of the CourtBattue, J.
On the 24th day of May, 1907, the Merchants’ Grocery Company purchased of the Ladoga Canning Company 750 cases of com, containing 18,000 cans of 1906 packing. The purchase was made by sample, and the Merchants’ Grocery Company agreed to pay fifty-five cents per dozen cans. The corn was promptly delivered by the Canning Company on .the cars of the railroad company at Ladoga, and on or about the 12th day of June following arrived at Searcy, Ark., the home of the Merchants’ Grocery Company. Upon its arrival the car was opened, and the com was unloaded and hauled a distance of three blocks to the…
2Cases cited6 opinions
- Cliquot's ChampagneSupreme Court of the United States · 1866
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- Ward Furniture Manufacturing Co. v. IsbellSupreme Court of Arkansas · 1907
- Fairley v. B. R. Smith & Co.Supreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cage v. BlackSupreme Court of Arkansas · 1911
- Arkansas Midland Railroad v. MoodySupreme Court of Arkansas · 1909
- Roach Wholesale Grocery Co. v. Dreyfus Bros.Supreme Court of Arkansas · 1914