Berger v. Jonesboro Motor Co.
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; R. H. Dudley, Judge; 1. Tbe court should have instructed a verdict for appellant, and erred in submitting the case to a jury, as the facts are undisputed.
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Appeal from Craighead Circuit Court, Jonesboro District; R. H. Dudley, Judge; 1. Tbe court should have instructed a verdict for appellant, and erred in submitting the case to a jury, as the facts are undisputed. It is clear beyond doubt that it was the intention of the parties to charge Berger the additional $100 only in the event that the manufacturer charged the Jonesboro Motor Company that amount by reason of an advance in price. 2. There was error in the admission of evidence which was highly prejudicial to appellant. • - 3. The court erred in refusing to give instruction No. 1 asked by…
1Opinion of the CourtWood, J.
This suit was instituted by the appellee against the appellant to recover the possession of a certain automobile which is described in the complaint and affidavit for replevin. The appellee alleged that it was the owner and entitled to the immediate possession of the automobile. The complaint and the affidavit contained the usual allegations in replevin. The appellant answered, denying all the material allegations of the complaint, and set up that he purchased the car of the ap-pellee for the sum of $1,650; that he made tender of payment as contemplated by the contract, and that the ap-pellee…
2Cases cited2 opinions
- Starnes v. BoydSupreme Court of Arkansas · 1912
- Capitol Food Co. v. ModeSupreme Court of Arkansas · 1914