Johnson v. Hughes
Supreme Court of Arkansas
Appeal from Craighaed Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. The plaintiffs, W. J. Hughes & Co., sold and delivered to the defendants, Johnson, Berger & Co., an oil tank for the price of $40.09 pursuant to a written contract which, after particularly describing the tank with -reference to its size and capacity and after the terms of the sale, contained the following: “Guaranty: “We guaranty -the tank and pump referred to in this -contract with ordinary…
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Appeal from Craighaed Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. The plaintiffs, W. J. Hughes & Co., sold and delivered to the defendants, Johnson, Berger & Co., an oil tank for the price of $40.09 pursuant to a written contract which, after particularly describing the tank with -reference to its size and capacity and after the terms of the sale, contained the following: “Guaranty: “We guaranty -the tank and pump referred to in this -contract with ordinary use to remain in perfect -order for -three years from the date of invoice. Should said tank or pump get get out of order…
1Opinion of the Court
McCuleoch, J.,
(after stating the facts.) 1. The written contract between the parties was complete, and it was not competent to engraft upon it a warranty resting in parol. Lower v. Hickman, 80 Ark. 505.
2. The third and fourth instructions requested by appellants were properly refused because the evidence does not show that appellants shipped the tank to the American Tank & Fixture Co., or that appellees had any notice of any shipment to that concern or authorized such shipment to that concern.'
3. It is contended on behalf of appellants that the agreement of appellees to accept a return of the…
2Cases cited1 opinion
- Lower v. HickmanSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Federal Truck & Motors Co. v. TompkinsSupreme Court of Arkansas · 1921
- Griggs v. School District No. 70Supreme Court of Arkansas · 1908
- Arkansas Poultry Cooperative, Inc. v. Red Barn System, Inc.District Court, W.D. Arkansas · 1971
- Gunter & Sawyers v. Road Improvement District No. 1Supreme Court of Arkansas · 1916