Cape County Milling Co. v. Morris & High
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Thomas G. Trimble, Judge; The complaint pleads a contract for work and labor and is not within the statute of frauds. 10 Barbour (N. Y.) 405, 426, affirmed in 8 N. Y. 182; 10 Johnson 364; 18 Id. 58; 8 Cowen 215-219; 1 Rich. Law 199; 44 Am. Dec. 247; 37 Id. 548 ; 68 S. E. 571-2; 121 N. Y. S. 845; 96 N. E. 422; 147 Fed. 641; 196 Id. (C. C. A.) 305; 1 Strange 506. This court should follow the New York rule as stated supra.
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Appeal from Lonoke Circuit Court; Thomas G. Trimble, Judge; The complaint pleads a contract for work and labor and is not within the statute of frauds. 10 Barbour (N. Y.) 405, 426, affirmed in 8 N. Y. 182; 10 Johnson 364; 18 Id. 58; 8 Cowen 215-219; 1 Rich. Law 199; 44 Am. Dec. 247; 37 Id. 548 ; 68 S. E. 571-2; 121 N. Y. S. 845; 96 N. E. 422; 147 Fed. 641; 196 Id. (C. C. A.) 305; 1 Strange 506. This court should follow the New York rule as stated supra. It was not a sale of the flour within the statute of frauds. It was not error to sustain the demurrer. It was not a contract for work and…
1Opinion of the CourtWood, J.
The appellant brought this action against the appellees. The appellant, plaintiff below, alleged that “it is a corporation organized and existing under and by virtue of the laws of the State of Missouri, with its principal office at Jackson, Missouri; that on the 31st day of July, 1917, defendants verbally ordered from plaintiff one car load of Gold Leaf and None Better flour, consisting of 250 barrels, to be delivered on the option of the defendants to October 1, 1917; that in reliance upon said order, plaintiff bought wheat necessary to grind same and expended the necessary work and labor…
2Cases cited6 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Sewall v. FitchNew York Supreme Court · 1828
- Robertson v. VaughnThe Superior Court of New York City · 1850
- Eichelberger v. M'CauleyCourt of Appeals of Maryland · 1821
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