Lower v. Hickman
Supreme Court of Arkansas
Appeal from Saline Circuit Court; Alexander M. Duffie, Judge; J. O. Hickman sued W. H. Lower and Dewell Gann, alleging that, on October 14, 1902, they executed to him a promissory note for $850, payable December 1, 1902, on which $210,65 had been paid, and that the remainder was due and unpaid; that the note was given for purchase of a certain sawmill and attachments. Prayer was that the property be seized and sold, and the proceeds applied on the note.
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Appeal from Saline Circuit Court; Alexander M. Duffie, Judge; J. O. Hickman sued W. H. Lower and Dewell Gann, alleging that, on October 14, 1902, they executed to him a promissory note for $850, payable December 1, 1902, on which $210,65 had been paid, and that the remainder was due and unpaid; that the note was given for purchase of a certain sawmill and attachments. Prayer was that the property be seized and sold, and the proceeds applied on the note. The answer of -the defendants alleged false representations and “that at the time said machinery was purchased and said note was made, and as…
1Opinion of the CourtHill, C. J.
An examination of the rejected evidence, the memorandum alleged to have been signed by 'Hickman and the final contract signed by Lower and Gann, will show that two questions have arisen:
1. Was it competent to prove an oral warranty of -the capacity of the sawmill ?
2. Was it competent to prove' that the words “sawmill cap. 20,000” on the memorandum meant a warranty that the sawmill had a capacity to cut 20,000 feet of lumber per day?
1. A warranty is so clearly a part of a sale that where the sale is evidenced by a written instrument it is incompetent to engraft upon it a warranty proved by…
2Cases cited12 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Cox v. SmithSupreme Court of Arkansas · 1911
- Arden Lumber Co. v. Henderson Iron Works & Supply Co.Supreme Court of Arkansas · 1907
- Loe v. McHargueSupreme Court of Arkansas · 1965
- Soudan Planting Co. v. StevensonSupreme Court of Arkansas · 1907
14 more not listed; retrieve them via the Exa API.