Merchants' Exchange Co. v. Sanders
Supreme Court of Arkansas
Appeal from Van Burén Circuit Court. statement by the court. This is a suit brought by appellant, a wholesale dealer in jewelry at Iowa City, Iowa, against appellee, a merchant at Clinton, Ark., upon an account for goods sold upon written order given by appellee to appellant’s traveling salesman, on August 16,. 1901. Appellee defends upon the ground that he countermanded the order by letter written on August 17, 1901, before acceptance of the order and shipment of the goods…
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Appeal from Van Burén Circuit Court. statement by the court. This is a suit brought by appellant, a wholesale dealer in jewelry at Iowa City, Iowa, against appellee, a merchant at Clinton, Ark., upon an account for goods sold upon written order given by appellee to appellant’s traveling salesman, on August 16,. 1901. Appellee defends upon the ground that he countermanded the order by letter written on August 17, 1901, before acceptance of the order and shipment of the goods by appellant. Upon this issue the jury returned a.verdict for the defendant. ' Appellee and his bookkeeper each…
1Opinion of the Court
McCueeoch, J.,
(after stating the facts.) The only question at issue is whether or-not the order was countermanded. The order, until accepted by appellant, was not a contract of purchase, but merely a proposal, subject to withdrawal at any time before acceptance. Mechem, Sales, § 252.
The mailing of the letter countermanding the order raises the prima facie presumption that the same was duly received by the person to whom it was properly addressed, and places upon him the burden of showing that it was not so received. Burlington Ins. Co. v. Threlkeld, 60 Ark. 539; Click v. Sample, 73 Ark. 194;…
2Cases cited8 opinions
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- McCoy v. StateSupreme Court of Arkansas · 1885
- Robson v. TomlinsonSupreme Court of Arkansas · 1891
- Click v. SampleSupreme Court of Arkansas · 1904
- Burlington Insurance v. ThrelkeldSupreme Court of Arkansas · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Southern Engine & Boiler Works v. VaughanSupreme Court of Arkansas · 1911
- United Assurance Ass'n v. FrederickSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. HillSupreme Court of Arkansas · 1905
- J. L. Owens Co. v. BemisNorth Dakota Supreme Court · 1911
- Toledo Computing Scale Co. v. StephensSupreme Court of Arkansas · 1910
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