Duffie v. Pratt
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Charles D. Greaves, Special Judge. The contract was not a severable one. 7 Am. & Eng. Enc. Law, 95; 75 111. 205; 41 N. E. 465; 43 N. W. 864; 44 Pac. 544; 84 Am. Dec. 728. The contract sued on was a severable one, consisting of several distinct items, and founded on a consideration apportioned to each. Beach, Contracts, § 731; 40 Cal. 251; 66 Pa. St. 351. Appellants failed in their defense as to the quality of the goods. Mech.
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Appeal from Garland Circuit Court. Charles D. Greaves, Special Judge. The contract was not a severable one. 7 Am. & Eng. Enc. Law, 95; 75 111. 205; 41 N. E. 465; 43 N. W. 864; 44 Pac. 544; 84 Am. Dec. 728. The contract sued on was a severable one, consisting of several distinct items, and founded on a consideration apportioned to each. Beach, Contracts, § 731; 40 Cal. 251; 66 Pa. St. 351. Appellants failed in their defense as to the quality of the goods. Mech. Sales, § § 1320, 1328; 7 Allen, 29; 30 Oh. St. 671; 1 Wall. 359.
1Opinion of the CourtBattle, J.
This action was instituted by Walter Pratt & Co. against S. M. Duffie & Co. upon the following written contract:
“Walter Pratt & Co. hereby guaranty that the purchaser’s gross profit from the sale of the perfumery and toilet preparations bought under this order and' hereafter purchased of said firm will not be less than 33 >1-3 per cent, of the amount of this order each yeaV for a period of three years from date of invoice, and the said Walter Pratt & Co. further agree and hold themselves bound at the end of each year, if the gross profits do not amount to 33 1-3 per cent, of the amount of…
2Cases cited2 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- Pratt v. MeyerSupreme Court of Arkansas · 1905
3Cited by9 opinions
- Highsmith v. HammondsSupreme Court of Arkansas · 1911
- American Standard Jewelry Co. v. HillSupreme Court of Arkansas · 1909
- Carr v. Hahn & CarterSupreme Court of Arkansas · 1918
- Pratt v. MetzgerSupreme Court of Arkansas · 1906
- Associated Mfg. Co. v. JordanCourt of Appeals of Texas · 1920
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