Lee v. Vaughan's Seed Store
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge;" STATEMENT BY THE COURT. The appellant sued appellee on an alleged contract for the sale of onion sets, as follows: “Contract for onion sets between Vaughan’s Seed Store, of the city of Chicago, State of Illinois, party of the first part, and Arthur G. Lee, of the city of Fort Smith, State of Arkansas, party of the second part.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge;" STATEMENT BY THE COURT. The appellant sued appellee on an alleged contract for the sale of onion sets, as follows: “Contract for onion sets between Vaughan’s Seed Store, of the city of Chicago, State of Illinois, party of the first part, and Arthur G. Lee, of the city of Fort Smith, State of Arkansas, party of the second part. Said party of the first part sells said party of the second part the following amount of onion sets for delivery January, 1908. ” Then follows description of the onion sets, and the terms of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. Section 3656 of Kirby’s Digest provides: “No contract for the sale of goods, wares and merchandise for the price of $30 or upward shall be binding on the parties unless, first, there be some note or memorandum signed by the party to be charged.”
Under the above section, in order to bind appellee to the alleged contract, it must appear that same was signed by appellee. “The party to be charged” is the one against whom the contract is sought to be enforced. 20 Cyc. 272 and note. See also Vance v. Newman, 72 Ark. 359; Century Dig., p. 2286, § 244, where…
2Cases cited8 opinions
- Capital City Brick Co. v. Atlanta Ice & Coal Co.Court of Appeals of Georgia · 1909
- Watson v. PipesMississippi Supreme Court · 1856
- Kornemann v. MonaghanMichigan Supreme Court · 1871
- Board of Trustees v. CampbellSupreme Court of Louisiana · 1896
- Ex parte TaylorMississippi Supreme Court · 1880
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3Cited by21 opinions
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- Marks v. Walter G. McCarty Corp.California Supreme Court · 1949
- Thorn v. BrowneCourt of Appeals for the Eighth Circuit · 1919
- Ragge v. BryanSupreme Court of Arkansas · 1970
- Ledford v. HubbardCourt of Appeals of Kentucky (pre-1976) · 1926
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