Compagionette v. McArmick
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; 1. In order to render one liable for false representations, it must be shown that he made such representations with actual knowledge of their falsity and with fraudulent intent. 14 Am. & Eng.
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Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; 1. In order to render one liable for false representations, it must be shown that he made such representations with actual knowledge of their falsity and with fraudulent intent. 14 Am. & Eng. Enc. of E. 86; 22 Ark. 454; 23 Ark. 289; 38 Ark. 334 ; 31 Ark. 170; 71 Ark. 305. Such representations must be relied upon, at least in part, by the purchaser. 8 Ark. 146; 47 Ark. 148; 26 Ark. 28; 11 Ark. 58; Benjamin on Sales, § 429. 2. In all sales of personal property the rule of caveat emptor applies, unless some relation of trust or…
1Opinion of the CourtFrauenthae, J.
On December 3, 1906, the plaintiffs, J. W. McArmick and C. E. McArmick, instituted this suit against the defendant, Joe Compagionette, in the chancery court of Clay County, and in their complaint they alleged that on the 22d day of September, 1906, the defendant sold to the plaintiff, J. W. Mc-Armick, two mules, at public sale, for $249.50, and also some harness for $2.50; and that the plaintiffs executed their joint note therefor, which had not then matured; that at the time of the sale the mules were infected with the disease known as “glanders,” and that the defendant knew that the mules…
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