Ensign v. Coffelt
Supreme Court of Arkansas
Appeal from. Benton Circuit Court; J. 8. Maples, Judge; 1. This was an 'absolute contract of sale in writing; the title passed to defendant on delivery. Bish. on Cont., § § 322, 329, 333; 7 A. & E. Ene. (2 ed.) 142; 30 Id. 168; 35 Cyc. 655. All the instructions of the court on the theory e£ a conditional sale on trial were erroneous. 6 A. & E. Ente, (2 ed.) 449. 2. The contract was in writing. Oral testimony was inadmissible to vary or contradict it.
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Appeal from. Benton Circuit Court; J. 8. Maples, Judge; 1. This was an 'absolute contract of sale in writing; the title passed to defendant on delivery. Bish. on Cont., § § 322, 329, 333; 7 A. & E. Ene. (2 ed.) 142; 30 Id. 168; 35 Cyc. 655. All the instructions of the court on the theory e£ a conditional sale on trial were erroneous. 6 A. & E. Ente, (2 ed.) 449. 2. The contract was in writing. Oral testimony was inadmissible to vary or contradict it. Where a contract limits the time of trial, or acceptance, the option to object, reject iand return must be exercised promptly. 35 Cyc. 238-9,…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant against appellee to recover the price of a lighting plant wMteh was installed in appellee’s country residence in Benton County, Arkansas. The ¡transaction occurred in the year 1908. A.- S. Phelps, Jr., doing business -at Elkhart, Indiana, under the ñamé of New England Mannfacturi-ng 'Company, was engaged in manufacturing, selling land installing gas lighting plants for private use, called the “Phelps’ Carbide Feed Gras Generator,” and through his agent, one E. P. "Roberts, sold an outfit to appellee and installed it in ihis residence. Appellee signed…
2Cases cited2 opinions
- Mann v. UrquhartSupreme Court of Arkansas · 1909
- Ensign v. CoffeltSupreme Court of Arkansas · 1912
3Cited by5 opinions
- Carter v. QuickSupreme Court of Arkansas · 1978
- Bullington v. PalangioSupreme Court of Arkansas · 2001
- Jerome Hardwood Lumber Co. v. Beaumont Lumber Co.Supreme Court of Arkansas · 1923
- Selig v. BottsSupreme Court of Arkansas · 1917
- Interstate Grocer Co. v. Colorado Milling & Elevator Co.Supreme Court of Arkansas · 1940