Legal Opinion

Emerson v. Stevens Grocer Co.

Supreme Court of Arkansas

Decided June 20, 1910PublishedCited by 15 opinions

Appeal from Jackson Circuit Court; Charles Coffin, Judge; To constitute a binding contract, there must be an offer and an acceptance. 90 Ark. 133; 52 Ind. 286; 4 Col. 353; 37 la. 186; 40 La. 402; 1 La. 190; 10 La. Ann. 120; 24 Id. 620; 105 111. 43; 42 N. Y. S. 578; 30 Ark. 186; 100 S. W. 271; ni S. W. 668. The correspondence was simply preliminary, and not a final contract. 86 Hun 374; 2 Cranch, C. C. 143 ; 108 Cal. 666; 1 Mart. (U. S.) 420; 30 La. Ann. 117; 30 La.

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Appeal from Jackson Circuit Court; Charles Coffin, Judge; To constitute a binding contract, there must be an offer and an acceptance. 90 Ark. 133; 52 Ind. 286; 4 Col. 353; 37 la. 186; 40 La. 402; 1 La. 190; 10 La. Ann. 120; 24 Id. 620; 105 111. 43; 42 N. Y. S. 578; 30 Ark. 186; 100 S. W. 271; ni S. W. 668. The correspondence was simply preliminary, and not a final contract. 86 Hun 374; 2 Cranch, C. C. 143 ; 108 Cal. 666; 1 Mart. (U. S.) 420; 30 La. Ann. 117; 30 La. Ann. 316. The question as to whether there was a contract should have been submitted to the jury. 141 N. C. 277; 8 Pa. Sup. Ct.…

1Opinion of the CourtFrauenthal, J.

This was an action for the recovery of damages for the breach of an alleged contract of sale of a car of potatoes. The appellants were merchants, located at St. Paul, Minn., and were engaged in the business of 'selling goods by the wholesale. The appellee was a corporation doing business at Newport, Ark. The appellee alleged that the appellants had contracted to deliver to it at Marianna, Ark., a car of potatoes at an agreed price during the first half of February, 1908, and that they hack wholly failed to do so; and it sought to recover from appellants the damages which it had sustained by…

2Cases cited8 opinions

  1. Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
  2. Green v. ColeSupreme Court of Missouri · 1890
  3. Barham v. Bank of DelightSupreme Court of Arkansas · 1910
  4. Kempner v. CohnSupreme Court of Arkansas · 1886
  5. Rankin v. Mitchem.Supreme Court of North Carolina · 1906

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3Cited by15 opinions

  1. Sims v. MillerSupreme Court of Arkansas · 1922
  2. Cage v. BlackSupreme Court of Arkansas · 1911
  3. McInnis v. Cooper Communities, Inc.Supreme Court of Arkansas · 1981
  4. McRae v. Farquhar Albright CompanySupreme Court of Arkansas · 1925
  5. Allen v. NothernSupreme Court of Arkansas · 1915

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