Legal Opinion
Metal Furniture Co. v. Goss
Supreme Court of Arkansas
Decided April 2, 1923PublishedCited by 4 opinions
1Opinion of the Court
Hart, J.,
(after stating the facts). In the Southern Produce Co. v. Oteri, 94 Ark. 318, it was held that, where merchandise is shipped to a retail dealer to be resold, and he has no opportunity to inspect it, there is an implied warranty that the goods were in condition to stand shipment and be in condition for resale when they arrived at destination. It was also held that the measure of damages in such cases is the difference between the price fixed by the contract and the market value of the goods in a merchantable condition at the time and place of delivery. In that case it was also held…
2Cases cited1 opinion
- Southern Produce Co. v. OteriSupreme Court of Arkansas · 1910
3Cited by4 opinions
- Wooten v. StateCourt of Criminal Appeals of Texas · 1929
- Skibs A/S Gylfe v. Hyman-Michaels Co.Court of Appeals for the Sixth Circuit · 1971
- Skibs A/s Gylfe, as Successor in Interest to Tankrederiet Gefion A/s as Owner of the Motorship Fyda v. Hyman-Michaels Company and Lakes Shipping and Trading Company, and Third-Party v. National Cargo Bureau, Inc., Third-Party Skibs A/s Gylfe, and Forsikrings-Askjelskapet Vega v. National Cargo Bureau, Inc., and G. P. Sullivan, Skibs A/s Gylfe v. United States of America, the Tokyo Marine & Fire Insurance Company v. Hyman-Michaels Company, and Third-Party v. National Cargo Bureau, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1971
- Myers v. Malone & Hyde, Inc.Court of Appeals for the Eighth Circuit · 1949