Massey v. Dixon
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; Dixon Brothers sued Massey Brothers and one Hudson in replevin for a certain carload of cedar posts.
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Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; Dixon Brothers sued Massey Brothers and one Hudson in replevin for a certain carload of cedar posts. Plaintiffs claimed to have purchased the cedar posts from one Robert Sanders, under the following agreement: “This agreement made and entered into this the 20th day of May, A. D. 1904, by and between Robert Sanders, of Shipp’s Ferry, Ark., party of the first part, and Dixon Brothers, of Mount Olive, Ark., party of the second part. “Witnesseth: .That the said Robert Sanders has this day sold to the said Dixon Brothers all the red…
1Opinion of the CourtWood, J.
First. The correctness of the judgment depends primarily upon whether or not the contract under which appellees claim was a completed bargain and sale or an executory contract of sale. “Both these contracts being equally legal and valid, it is obvious that, whenever a dispute arises as to the true character of an agreement, the. question is one rather of fact than of law. The agreement is just what the parties intended to malee it.”
“It is always a question of intention, gathered from all the circumstances.” Benjamin on Sales, page four and cases cited in American note, also p. 263; Chamblee…
2Cases cited1 opinion
- Anderson-Tully Co. v. RozelleSupreme Court of Arkansas · 1900
3Cited by9 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Jones v. LewisSupreme Court of Arkansas · 1909
- Wisconsin & Arkansas Lumber Co. v. FitzhughSupreme Court of Arkansas · 1921
- Seelig v. Phillips CountySupreme Court of Arkansas · 1917
- Maxwell v. FelkerSupreme Court of Arkansas · 1921
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