Legal Opinion

G. H. Hammond Co. v. Joseph Mercantile Co.

Supreme Court of Arkansas

Decided May 23, 1921PublishedCited by 1 opinion

Appeal from Greene Circuit Court, First Division; R. E. Dudley, Judge; 1. The giving of instruction 6 was prejudicial error. It was abstract and not based upon any evidence. There is no evidence that Perkins sold the meat to defendant company in accordance with any custom of the trade and usual course of business conducted by Perkins or others engaged in that line of business at Paragould and shown to plaintiff company.

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Appeal from Greene Circuit Court, First Division; R. E. Dudley, Judge; 1. The giving of instruction 6 was prejudicial error. It was abstract and not based upon any evidence. There is no evidence that Perkins sold the meat to defendant company in accordance with any custom of the trade and usual course of business conducted by Perkins or others engaged in that line of business at Paragould and shown to plaintiff company. The instruction is erroneous in that it ignores the powers and limitations placed upon Perkins by the plaintiff company under the contract. 2. Appellee was estopped. Under the…

1Opinion of the CourtWood, J.

The appellant, a corporation of the State of Michigan and doing business in Arkansas, entered into a contract with one Ray Perkins of Paragould, Arkansas, the material parts of which are as follows:

The appellant appointed Perkins its broker for the sale of certain of its products in Paragould, Arkansas. The appellant was to pay Perkins a commission for his services. Perkins was to keep an account of goods consigned to him by the appellant in books furnished by the latter, which were subject to recall and inspection by the appellant at all times. Perkins was to make weekly reports of the stock…

2Cases cited5 opinions

  1. Jetton v. TobeySupreme Court of Arkansas · 1896
  2. Andrews v. CoxSupreme Court of Arkansas · 1883
  3. Meyer, Bannerman & Co. v. Stone & Co.Supreme Court of Arkansas · 1885
  4. Rogers v. ScottSupreme Court of Arkansas · 1917
  5. Jarvis v. PagueSupreme Court of Arkansas · 1919

3Cited by1 opinion

  1. James Talcott, Inc. v. Associates Discount Corporation and Mr. And Mrs. F. O. McConnell D/B/A McConnell Heavy HaulingCourt of Appeals for the Eighth Circuit · 1962

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