Barton-Parker Manufacturing Co. v. Taylor
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Elbridge G. Mitchell, Judge; 1. It is in proof that the contract sued on is the identical contract executed by the appellee.
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Appeal from Marion Circuit Court; Elbridge G. Mitchell, Judge; 1. It is in proof that the contract sued on is the identical contract executed by the appellee. It was therefore error to admit testimony to vary or contradict its terms. 1 Greenleaf on Ev. § § 86, 87, 88; 24 Ark. 210; 50 Ark. 20; Ib. 393; 66 Ark. 393; 64 Ark. 650; 67 Ark. 62. See also 39 S. W. 328; 28 Tex. 553; 29 Tex. 395; 54 Tex. 294. Where a merchant at the solicitation of a salesman signs a contract for goods, the court will presume the writing to be final result of their dealings, and will refuse to hear him say thalt it is…
1Opinion of the CourtMcCulloch, J.
This is an action brought before a justice of the peace upon written contract to recover the price of a lot of merchandise (jewelry) alleged to have been sold by the plaintiff (appellant) to defendant, and shipped to him at his place of business in Marion County. Judgment was rendered in favor of the defendant before the justice of the peace, and also in the circuit court on appeal, and the plaintiff appealed to this court.
In the circuit court the cause was tried before the court, sitting as a jury. No declarations of law were made by the court, none were requested by the parties, and we have…
2Cases cited3 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Graham v. RemmelSupreme Court of Arkansas · 1905
- State v. WallisSupreme Court of Arkansas · 1892
3Cited by12 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- J. I. Case Threshing Machine Co. v. Southwestern Veneer Co.Supreme Court of Arkansas · 1918
- Main v. OliverSupreme Court of Arkansas · 1908
- New Home Sewing Machine Co. v. WestmorelandSupreme Court of Arkansas · 1931
- Pictorial Review Company v. RosenSupreme Court of Arkansas · 1926
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