Parsons Oil Co. v. Boyett
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. There was a complete sale and delivery in the city of St. Louis. The order was received by appellants, and goods delivered to the Iron Mountain Railroad, a common carrier, before the dispatch countermanding the order was received. Black & Reaves disclosed no authority to countermand the order, and even had the telegram reached appellants before delivery of the goods they would not have been bound to respect it.
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APPEAL from Hempstead Circuit Court. There was a complete sale and delivery in the city of St. Louis. The order was received by appellants, and goods delivered to the Iron Mountain Railroad, a common carrier, before the dispatch countermanding the order was received. Black & Reaves disclosed no authority to countermand the order, and even had the telegram reached appellants before delivery of the goods they would not have been bound to respect it. They could only have withdrawn their guaranty, which was not done. See Benjamin on Sales, sec. 181; lb., sec. 693. The contract of sale and…
1Opinion of the CourtSmith, J.
The plaintiff in this action was a firm in St. Louis, Mo., dealing in oils. The defendants Boyett, Flowers & Co., and Black & Reaves, were merchants trading at Hope in this State. And the action was to recover a balance due on a car load of oil sold and delivered to Boyett, Flowers & Co., upon their written order, accompanied by a letter from Black & Reaves, guaranteeing payment within five days after the receipt of the goods.
The defenses were:
First — That the order had been countermanded before the oil was shipped.
Second — That the contract was made at Hope, with an accredited agent of the…
2Cited by7 opinions
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Berger v. StateSupreme Court of Arkansas · 1887
- Dodd v. Axle-Nut Sign Co.Supreme Court of Arkansas · 1916
- Sawyer v. DicksonSupreme Court of Arkansas · 1898
- J. R. Watkins Medical Co. v. JohnsonSupreme Court of Arkansas · 1917
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