White Sewing Machine Co. v. Atkinson & Son
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Eastern District; J. S. Maple, Judge; 1. The oral testimony as to tbe contemporaneous agreement was inadmissible to contradict, vary or affect the terms of a written contract. 75 Ark. 55, 58; 75 Id. 206, 210. A solicitor is a special agent whose authority is limited, and if McNutt exceeded his authority appellant was not bound. 81 Ark. 202, 204; 84 Id. 224-227. One who deals with a special agent is bound to ascertain the nature and extent…
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Appeal from Carroll Circuit Court, Eastern District; J. S. Maple, Judge; 1. The oral testimony as to tbe contemporaneous agreement was inadmissible to contradict, vary or affect the terms of a written contract. 75 Ark. 55, 58; 75 Id. 206, 210. A solicitor is a special agent whose authority is limited, and if McNutt exceeded his authority appellant was not bound. 81 Ark. 202, 204; 84 Id. 224-227. One who deals with a special agent is bound to ascertain the nature and extent of his authority. 74 Ark. 557. Appellant was not bound by any special or additional contract made by McNutt. 2. The…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant against appellees before a justice of the peace to recover the price of ten sewing machines sold to appellees pursuant to the terms of a written contract. Appellant introduced in evidence the contract, signed by appellees, constituting an unconditional agreement to purchase ten sewing machines at the price of $26 each, payable on the terms .specified in the contract.
Appellant is doing business at Cleveland, Ohio, and the order received from appellees was solicited by one McNutt, a traveling solicitor of appellant with authority to solicit, receive and…
2Cases cited1 opinion
- Barton-Parker Manufacturing Co. v. TaylorSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Bond v. WiegardtWashington Supreme Court · 1950
- Floor v. MitchellUtah Supreme Court · 1935
- New Home Sewing Machine Co. v. WestmorelandSupreme Court of Arkansas · 1931
- Pictorial Review Company v. RosenSupreme Court of Arkansas · 1926
- Wizard, Inc. v. FeldmanSupreme Court of Arkansas · 1932