Main v. Dearing
Supreme Court of Arkansas
Appeal from Washington Circuit Court. John N. Tirrman, Judge. STATRMRNT BY Tl-IR COURT. W. F. Main & Company, who claimed to be “manufacturing jewelers,” and to have the “largest jewelry factory in the world,” sold to Dearing & Wallace, merchants, at Prairie Grove, Ark., a varied assortment of jewelry. The contract contained an invoice thereof, stating what each article was and its price.
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Appeal from Washington Circuit Court. John N. Tirrman, Judge. STATRMRNT BY Tl-IR COURT. W. F. Main & Company, who claimed to be “manufacturing jewelers,” and to have the “largest jewelry factory in the world,” sold to Dearing & Wallace, merchants, at Prairie Grove, Ark., a varied assortment of jewelry. The contract contained an invoice thereof, stating what each article was and its price. The bill aggregated $180. Aside from a “profit guaranty,” which does not enter into this case, the contract contained a "warranty and exchange obligation,” which reads as follows: “Warranty and exchange…
1Opinion of the Court
Hila, C. J.,
(after stating the facts.) Appellants claim that there is no fraud proved to vitiate the contract, and by its terms the appellees were required to exhaust the exchanging • process therein provided for before they could defend a suit for failure of consideration. It is thus written in the contract, but there is also written into the contract, in still bolder letters, the law. Ordinarily, the law implies no warranty of quality, leaving that a matter of contract between parties, but there is an exception to this rule as thorough^ recognized as the rule itself. When a manufacturer…
2Cases cited3 opinions
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Weed v. DyerSupreme Court of Arkansas · 1890
- Curtis & Co. Manufacturing v. WilliamsSupreme Court of Arkansas · 1886
3Cited by19 opinions
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- American Standard Jewelry Co. v. HillSupreme Court of Arkansas · 1909
- National Cotton Oil Co. v. YoungSupreme Court of Arkansas · 1905
- Neel v. West-Winfree Tobacco Co.Supreme Court of Arkansas · 1920
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