Star Clothing Manufacturing Co. v. Jones
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; George R. Haynie, Judge; 1. Appellant was not due appellee any commissions on orders until the goods were shipped; the verdict is contrary to the law and evidence, and the giving of plaintiff’s instructions and the refusal of defendant’s were erroneous.
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Appeal from Nevada Circuit Court; George R. Haynie, Judge; 1. Appellant was not due appellee any commissions on orders until the goods were shipped; the verdict is contrary to the law and evidence, and the giving of plaintiff’s instructions and the refusal of defendant’s were erroneous. It was error to give instruction No. 1 for plaintiff, for it goes far beyond the contract plaintiff was working under and makes him entitled to commissions on goods not shipped, under certain conditions. 90 Ark. 88; 105 Id. 215; 95 Id. 421. 2. It was error to refuse instruction No. 2 for defendant, as it was…
1Opinion of the CourtSmith, J.
This is a suit by an agent to collect commissions for effecting sales of merchandise. The plaintiff recovered judgment, and the defendant has appealed.
The testimony shows that plaintiff took numerous orders for goods in the territory in which he traveled, which were forwarded to and accepted by defendant, and portions of most of these orders were filled, but that the price of the goods sold advanced rapidly and considerably after the orders therefor had been taken and accepted and defendant ceased filling the orders. It was shown that later orders placed at the advance prices were promptly…
2Cases cited8 opinions
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
- Jacquin v. BoutardNew York Supreme Court · 1895
- Stone v. ArgersingerAppellate Division of the Supreme Court of the State of New York · 1898
- Madden v. Equitable Life Assur. Soc. of United StatesThe Superior Court of the City of New York and Buffalo · 1895
- In re Ladue Tate Mfg. Co.District Court, W.D. New York · 1905
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