Kern-Limerick, Inc. v. Emerson

Appellant, Kern-Limerick, Inc., is engaged in the sale and repair of tractors in the City of Little Rock, Arkansas. On Jnne 9, 1947, Roy Mathews of Mt. Ida, Montgomery county, Arkansas, left his tractor with appellant for repairs. Except for installation of a cover for the motor, which appellant did not have in stock, the repairs were completed on Jnne 14,1947, when Mathews was permitted to take the tractor back to Mt. Ida without paying for the repairs.

On'July 9, 1947, Mathews sold and delivered the tractor to appellee, Floyd-Emerson, at Hot Springs, Garland county, Arkansas, for $3,000. On…