Graves v. Melio
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Fiance N. Hutton, Judge; Melio brought suit against Graves and Solomon, alleging that, on January 1, Í905, he entered into a verbal contract with defendants to deliver to them, at their place of business in the city of Helena, during the months of February and March following, 400 bushels of potatoes at the price of $1.10 per bushel, and to -make the deliveries at such times and in such quantities as defendants should direct him; that…
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Appeal from Phillips Circuit Court; Fiance N. Hutton, Judge; Melio brought suit against Graves and Solomon, alleging that, on January 1, Í905, he entered into a verbal contract with defendants to deliver to them, at their place of business in the city of Helena, during the months of February and March following, 400 bushels of potatoes at the price of $1.10 per bushel, and to -make the deliveries at such times and in such quantities as defendants should direct him; that pursuant to said contract, he delivered to defendants, between the 1st day of February and the 15th day of March, 136…
1Opinion of the CourtWood, J.
The only questions presented for our consideration are:
First. Whether or not there was a breach of contract by appellants ?
This question was properly submitted to the jury, and, while the evidence tending to show a breach is not very satisfactory to us, we are of the opinion that there was legally sufficient evidence to sustain the verdict.
Second. Appellants contend that, if there was a breach of contract 'by the appellants, such breach was waived by appellee. And on this theory of the case they presented prayer for instruction number 2, and urge that, the refusal of the court to give it was…
2Cases cited1 opinion
- Arkansas & Texas Grain Co. v. Young & Fresch Grain Co.Supreme Court of Arkansas · 1906
3Cited by1 opinion
- Townes v. Oklahoma Mill Co.Supreme Court of Arkansas · 1908