Porter v. Gossell
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; The correspondence passing in this ease did not constitute a contract, because there was no meeting of the minds of the parties, which is an essential element. Elliott on Contracts, Vol. 1, p. 25; 113 S. W. 703; 18 N. W. 172; 101 U. S. 822; 134 S. W. 942; 54 Pac. 101; 130 S. W. 541. The order of appellant was accepted as made.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; The correspondence passing in this ease did not constitute a contract, because there was no meeting of the minds of the parties, which is an essential element. Elliott on Contracts, Vol. 1, p. 25; 113 S. W. 703; 18 N. W. 172; 101 U. S. 822; 134 S. W. 942; 54 Pac. 101; 130 S. W. 541. The order of appellant was accepted as made. “If an offer is accepted as made the acceptance is not conditional and does not vary from the offer because of inquiries whether the offerer will change his terms, or as to future acts for the…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action below against appellant to recover damages resulting from appellant’s failure or refusal to perform his alleged contract whereby he sold and undertook to deliver to appellee a carload of oats.
The case was tried before the court sitting as a jury, and the only question we have to determine is whether the testimony, viewing it in the light most favorable to appellee, is sufficient to sustain the finding of the court.
Appellant resided at Stuttgart, Arkansas, and appellee at Little Rock, the negotiations between the parties being conducted entirely by letters and…
2Cases cited7 opinions
- Orr v. HodgsonSupreme Court of the United States · 1819
- Quinnin v. ReimersMichigan Supreme Court · 1881
- Kempner v. CohnSupreme Court of Arkansas · 1886
- Mann v. UrquhartSupreme Court of Arkansas · 1909
- Cage v. BlackSupreme Court of Arkansas · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Elkins v. AlicevilleSupreme Court of Arkansas · 1926
- Allen v. NothernSupreme Court of Arkansas · 1915
- Hart v. Hammett Grocer Co.Supreme Court of Arkansas · 1918
- Wilson v. SprySupreme Court of Arkansas · 1920
- Mantle Lamp Co. v. ReadSupreme Court of Arkansas · 1923
1 more not listed; retrieve them via the Exa API.