Legal Opinion

Outcault Advertising Co. v. Bradley

Supreme Court of Arkansas

Decided October 7, 1912PublishedCited by 7 opinions

P' Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellant sued appellee for $108.16, for one year’s service for advertising cuts and type, upon the following written contract: “To the Outcault Advertising Company, Order No. 544. “334 Dearborn Street, Chicago, 111. Date, 3-11-10. “Ship us at our expense your ‘ Little House Maid furniture ad.’ service to cover a period of one year, beginning April, 1910. The service to consist of: ,…

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P' Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellant sued appellee for $108.16, for one year’s service for advertising cuts and type, upon the following written contract: “To the Outcault Advertising Company, Order No. 544. “334 Dearborn Street, Chicago, 111. Date, 3-11-10. “Ship us at our expense your ‘ Little House Maid furniture ad.’ service to cover a period of one year, beginning April, 1910. The service to consist of: , Fifty-two Little House Maid cuts. One font Little House Maid type (ten pounds in font). “We (or I) agree to pay you net cash…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is contended by appellant that it is entitled to the full amount specified in its contract for the service, and that the court erred in instructing a verdict for one dollar.

The statement of appellee, attempted to be introduced in evidence, related to a matter that he claimed was discussed before the execution of the contract, and as an inducement thereto, but it was entirely at variance with its terms, as expressed in writing, and no error was committed in excluding it from the jury.

“Parol contemporaneous evidence is inadmissible to contradict or vary…

2Cited by7 opinions

  1. Crisco v. Murdock Acceptance Corp.Supreme Court of Arkansas · 1953
  2. Lemm v. SparksSupreme Court of Arkansas · 1959
  3. Firestone Tire & Rubber Co. v. WebbSupreme Court of Arkansas · 1944
  4. Outcault Advertising Co. v. YoungSupreme Court of Arkansas · 1913
  5. Federal Lumber Co. v. HarrisSupreme Court of Arkansas · 1922

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