Cage v. Black
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judg-e; When appellees paid the draft and accepted the rice from the railroad company under the bill of lading which specified the amount which should be paid, this was an acceptance of the rice upon the terms then offered by appellants, and this formed the contract between the parties. 9 Cyc. 260; Id. 245. Appellants’ offer was sacks of rice at $5.75 per sack, and appellees’ acceptance was of sacks of rice at that price.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judg-e; When appellees paid the draft and accepted the rice from the railroad company under the bill of lading which specified the amount which should be paid, this was an acceptance of the rice upon the terms then offered by appellants, and this formed the contract between the parties. 9 Cyc. 260; Id. 245. Appellants’ offer was sacks of rice at $5.75 per sack, and appellees’ acceptance was of sacks of rice at that price. There is no ambiguity in the telegrams and letters on this point. The court’s finding of facts from the evidence submitted…
1Opinion of the CourtFrauKnthal, J.
This was an action instituted by J. T. Black and others as partners, the plaintiffs below, to recover an amount which they had paid to defendants, under protest, in excess of the sum that was due for the purchase money of a shipment of rice which it was alleged they had purchased from them. The plaintiffs resided at Brinkley, Arkansas, and the defendants were dealers in rice, residing at Houston, Texas. The plaintiffs, learning that defendants were engaged in the business of selling rice, sent to them a telegram on March 5, 1909, in which they asked them to “name price of carload Honduras…
2Cases cited3 opinions
- Carr v. DuvalSupreme Court of the United States · 1840
- Emerson v. Stevens Grocer Co.Supreme Court of Arkansas · 1910
- Merchants' Grocery Co. v. Ladoga Canning Co.Supreme Court of Arkansas · 1909
3Cited by16 opinions
- Union & Mercantile Trust Co. v. HarnwellSupreme Court of Arkansas · 1923
- Massachusetts Protective Ass'n v. OdenSupreme Court of Arkansas · 1933
- Elkins v. AlicevilleSupreme Court of Arkansas · 1926
- Southern Acid & Sulphur Co. v. ChildsSupreme Court of Arkansas · 1945
- Allen v. NothernSupreme Court of Arkansas · 1915
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