J. I. Case Threshing Machine Co. v. Southwestern Veneer Co.
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court; E. D. Robertson, Chancellor; 1. No warranty was made by appellant. Mere puffing or commendation is not a warranty. 44 Ark. 216; 45 Id. 284. 2. Appellee had ample opportunity to fieadi the written contract, and he is bound. 119 Ark. 553; 84 Id. 349. 3. All Robnolt’s statements were made prior to the execution of the written contract and all testimony as to conversations should have been excluded, as all prior statements and representations…
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Appeal from Woodruff Chancery Court; E. D. Robertson, Chancellor; 1. No warranty was made by appellant. Mere puffing or commendation is not a warranty. 44 Ark. 216; 45 Id. 284. 2. Appellee had ample opportunity to fieadi the written contract, and he is bound. 119 Ark. 553; 84 Id. 349. 3. All Robnolt’s statements were made prior to the execution of the written contract and all testimony as to conversations should have been excluded, as all prior statements and representations were merged in the contract. 108 Ark. 503. It is plain, unambiguous and complete. 83 Id. 283. 4. A warranty resting in…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action instituted by appellant against appellee in the chancery court of Woodruff County to recover the sum of $1,250, with interest, being the aggregate amount of five promissory notes executed by appellee to appellant for the balance on the purchase price of a traction engine, and to enforce a lien on the property.
Appellant was engaged in manufacturing and' selling new machinery of the kind sold to appellee, but this particular sale covered a second-hand machine. Appellee was engaged in the business of manufacturing lumber in Woodruff County, and part of its business was to…
2Cases cited2 opinions
- Stewart v. FlemingSupreme Court of Arkansas · 1910
- Barton-Parker Manufacturing Co. v. TaylorSupreme Court of Arkansas · 1906
3Cited by9 opinions
- Belew v. GriffisSupreme Court of Arkansas · 1970
- Massachusetts Mutual Life Insurance v. BrunSupreme Court of Arkansas · 1933
- Southern Cotton Oil Co. v. FrauenthalSupreme Court of Arkansas · 1920
- Ford Motor Co. v. PearsonCourt of Appeals for the Ninth Circuit · 1930
- New Home Sewing Machine Co. v. WestmorelandSupreme Court of Arkansas · 1931
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