Legal Opinion

Forrester v. Locke

Supreme Court of Arkansas

Decided June 13, 1921PublishedCited by 3 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; John Brissolara, Judge; 1. The general rule is that the vendee of personal property is entitled to recover from the vendor the difference between the fair market value of the goods and the contract price, provided the article is not as good as the quality represented in the contract. 121 Ark. 150. Here was but one sale. The contract was an entirety.

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Appeal from Sebastian Circuit Court, Fort Smith District; John Brissolara, Judge; 1. The general rule is that the vendee of personal property is entitled to recover from the vendor the difference between the fair market value of the goods and the contract price, provided the article is not as good as the quality represented in the contract. 121 Ark. 150. Here was but one sale. The contract was an entirety. If plaintiff had any remedy at all, he was entitled to recover only the difference between the fair market value of the entire lot of cottoii and the contract price, provided the cotton was…

1Opinion of the CourtHumphreys, J.

This is a suit by appellees against appellants, in the circuit court of Sebastian County, Port Smith District, for damages on an alleged implied warranty as to the quality of forty-four bales of cotton, in-eluded in a purchase and sale of 188 bales of cotton. It was alleged, in substance, that appellees, an Oklahoma partnership, maintained an office in Fort Smith, Arkansas, for the transaction of a general cotton business in Arkansas, and, during the cotton season of 1919', purchased. 188 bales of merchantable cotton, according to custom, for delivery at Fort Smith, at an agreed price of 36…

2Cases cited5 opinions

  1. Skillern v. BakerSupreme Court of Arkansas · 1907
  2. Briggs v. CollinsSupreme Court of Arkansas · 1914
  3. Poinsett Lumber & Manufacturing Co. v. TraxlerSupreme Court of Arkansas · 1915
  4. Yazoo & Mississippi Valley Railroad v. AltmanSupreme Court of Arkansas · 1916
  5. Furst & Thomas v. DewberrySupreme Court of Arkansas · 1918

3Cited by3 opinions

  1. General Motors Acceptance Corp. v. JerrySupreme Court of Arkansas · 1930
  2. S. B. Locke & Co. v. ForresterSupreme Court of Arkansas · 1923
  3. General Motors Acceptance Corp. v. JerrySupreme Court of Arkansas · 1930

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