Cochran v. Chetopa Mill & Elevator Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; statement, by the court. H. K. Cochran brought an action against the Chetopa Mill & Elevator Company, before a justice of the peace of Pulaski County, to recover damages amounting to $32, which he claimed to have sustained by reason of defendant’s failure to deliver to him 400 sacks of corn chops which he had purchased from it.
Read the full summary
Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, Judge; statement, by the court. H. K. Cochran brought an action against the Chetopa Mill & Elevator Company, before a justice of the peace of Pulaski County, to recover damages amounting to $32, which he claimed to have sustained by reason of defendant’s failure to deliver to him 400 sacks of corn chops which he had purchased from it. In a trial the defendant recovered judgment, and the plaintiff appealed to the Pulaski Circuit Court; and a trial before a jury in the circuit court was attended with the same result; and…
1Opinion of the Court
Battle, J.,
(after stating the facts.) After appellant failed to get the car load of chops in Little Rock, he, on the 14th day of May, 1907, ordered appellee to ship him 400 sacks of corn chops, agreeing to pay $1.10 a sack for the same. On the day following appellee, by telegram, agreed to do so. No condition was annexed to the order or acceptance. But, upon appellee drawing a draft upon him for the purchase price of the chops, appellant refused to pay it until he had inspected the chops and found them satisfactory, and appellee refused to deliver the chops until its draft for the purchase…
2Cases cited2 opinions
- Main v. DearingSupreme Court of Arkansas · 1905
- Main v. El Dorado Dry Goods Co.Supreme Court of Arkansas · 1907
3Cited by5 opinions
- Ten Broeck Tyre Co. v. Rubber Trading Co.Court of Appeals of Kentucky · 1919
- Price v. Neiman Bros.Appellate Court of Illinois · 1926
- American Jobbing Ass'n v. WessonSupreme Court of Arkansas · 1909
- California Prune & Apricot Growers v. Jaggers Wholesale Grocery Co.Indiana Court of Appeals · 1926
- Isbell-Brown Co. v. Stevens Grocer Co.Supreme Court of Arkansas · 1915