Empire Carbon Works v. Barker & Co.
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The court erred in directing a verdict for defendant ; it should have directed a verdict for plaintiff. Under the testimony it was a Missouri sale and not illegal, even though compliance had not been made with the laws of this State.
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Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. The court erred in directing a verdict for defendant ; it should have directed a verdict for plaintiff. Under the testimony it was a Missouri sale and not illegal, even though compliance had not been made with the laws of this State. The delivery of the goods to the carrier is the place of sale. 44 Ark. 556; 50 Id. 20; 78 Id. 123; 79 Id. 456; 91 Id. 422; 94 Id. 318; 92 Id. 387; 51 Id. 133; 53 Id. 196; 22 B. R. A. 425. The carrier is the agent of the buyer and delivery to it completes the sale. 94 Ark. 402; 2 Elliott on Cont., §…
1Opinion of the Court
HART, J.,
(after stating the facts). In Patapsco Guano Co. v. North Carolina Board of Agriculture, 171 U. S. 345, the court held: " The act of the Legislature of North Carolina of January 21, 1891, must be regarded as an act providing for the inspection of fertilizers and fertilizing materials in order to prevent the practice of imposition on the people of the State, and the charge of twenty-five cents per ton is intended merely to defray the cost of such inspection; and as it is competent for the State to pass laws of this character, the requirement of inspection and payment of its cost does…
2Cases cited7 opinions
- Patapsco Guano Co. v. North Carolina Board of AgricultureSupreme Court of the United States · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
- State v. SewellSupreme Court of Arkansas · 1885
- Atlantic Phosphate Co. v. ElySupreme Court of Georgia · 1889
- Evans v. RudySupreme Court of Arkansas · 1879
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3Cited by3 opinions
- Logan v. StateSupreme Court of Arkansas · 1921
- Hill v. American Book Co.Supreme Court of Arkansas · 1926
- Adkisson v. StateSupreme Court of Arkansas · 1920