Neel v. West-Winfree Tobacco Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The testimony shows that the tobacco was wholly unfit for the use for which it was sold, and defendant had the right to rescind the sale, and this leaves only the question as to whether Neel should have returned it or whether it was the duty of Steptoe to have returned it according to his instructions from plaintiff,, his principal.
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Appeal from White Circuit Court; J. M. Jackson, Judge; The testimony shows that the tobacco was wholly unfit for the use for which it was sold, and defendant had the right to rescind the sale, and this leaves only the question as to whether Neel should have returned it or whether it was the duty of Steptoe to have returned it according to his instructions from plaintiff,, his principal. The testimony shows that Neel and Steptoe had a conference, and they decided it would not pay to ship it back, and for this reason it was not shipped back, and the company, through its agent, waived its right…
1Opinion of the CourtMcCulloch, C. J.
This ¡is an action instituted by appellee against appellant on an open account in the sum of $72.48 for a lot of manufactured tobacco, sold and delivered by appellee to appellant under a written contract or order. The case originated before a justice of the peace of White County, and there was no written answer, but appellant defended on the ground that the tobacco was worthless, except a very small quantity of it which he paid for, and that he complied with an agreement made with appellee to pay for the part of the tobacco which he used and sold. - The court directed a verdict in appellee’s…
2Cases cited3 opinions
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Weed v. DyerSupreme Court of Arkansas · 1890
- Main v. DearingSupreme Court of Arkansas · 1905
3Cited by9 opinions
- Follette v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 1994
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- Detroit Vapor Stove Co. v. J. C. Weeter Lumber Co.Utah Supreme Court · 1923
- Follette v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 1994
- Great Atlantic & Pacific Tea Co. v. SmithDistrict Court, W.D. Arkansas · 1948
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