Majestic Milling Co. v. Copeland
Supreme Court of Arkansas
Appeal from Craighead Circuit Court; Frank Smith, Judge; This suit was instituted on the theory that plaintiff had given specifications for all the flour, and that defendant had refused to ship.
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Appeal from Craighead Circuit Court; Frank Smith, Judge; This suit was instituted on the theory that plaintiff had given specifications for all the flour, and that defendant had refused to ship. On the trial of the cause it developed that all specifications given by plaintiff were promptly filled, except the Jericho car, which was cancelled by plaintiff, and the Paragould car, which was delayed by defendant for a time, but promptly shipped after a slight change in the specifications by plaintiff. The court then permitted plaintiff to change his theory and amend his allegations so as to…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, Rudy Copeland, was engaged in business at Jonesboro, Ark., under the trade -name and style of Copeland Commission Company, and defendant, Majestic Milling Company, was operating a flouring mill at Aurora, Mo. On February 16, 1907, plaintiff gave a written order, which was accepted by defendant, for one thousand barrels of flour, said order being in the following form:
“Majestic Milling Company, 2-16-07.
“Ship to Copeland Commission Company at Jonesboro, Ark. How ship: 60-day shipment.
Terms: Net'A-LAtt. Amt. $.......... i,ooo Bbl Flour Base
Majesty.........................48 3.70
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2Cases cited6 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- John A. Gauger & Co. v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1908
- Tidwell v. Southern Engine & Boiler WorksSupreme Court of Arkansas · 1908
- Townes v. Oklahoma Mill Co.Supreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
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- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951
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