Hamilton-Brown Shoe Co. v. Choctaw Mercantile Co.
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Robert J. Lea, Judge; 1. The court erred in refusing to give the instruction numbered 1 asked for by the plaintiff.
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Appeal from Perry Circuit Court; Robert J. Lea, Judge; 1. The court erred in refusing to give the instruction numbered 1 asked for by the plaintiff. It tyas defendant’s duty to report any shortage which it claimed within a reasonable time; and if it failed to do so, such failure was a fact proper for the jury to consider. 61 Ark. 101. Failure to assert the claim works an estoppel. 16 Cyc. 770. 2. If there is any evidence to sustain a party’s theory of a case, it must be submitted to the jury under proper instructions from the court. 50 Ark. 549. 1. The case having been tried upon conflicting…
1Opinion of the CourtHill, C. J.
Appellee gave two orders to appellant which amounted to $1,446.29. One was a small mail order of $2.39 which was not a matter of controversy. The appellants could not fill all of the large order when it was received, and filled what it had in stock, amounting to $1,182.30, and stamped upon the invoice of the goods sent: “Goods short on this order we are out of at present, but will ship the same as soon as possible.” The goods were packed in 45 cases, and 45 cases in good order and apparently unbroken were received by appellee.
Appellee claims that there was a shortage of $231.90 from the bill…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Weed v. DyerSupreme Court of Arkansas · 1890
- Lawrence v. EllsworthSupreme Court of Arkansas · 1883
3Cited by9 opinions
- Beevers v. MillerSupreme Court of Arkansas · 1967
- Jackson v. StateSupreme Court of Arkansas · 1909
- Hawkins v. Delta Spindle of Blytheville, Inc.Supreme Court of Arkansas · 1968
- Western Coal & Mining Co. v. BuchananSupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. DyerSupreme Court of Arkansas · 1908
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