Legal Opinion

Main v. Tracey

Supreme Court of Arkansas

Decided July 22, 1905PublishedCited by 1 opinion

Appeal from Calhoun Circuit Court. ChareES W. Smith, Judge. STATEMENT BY THE COURT. Action by W. F. Main & Company, wholesale jewelry merchants of Iowa City, Iowa, against Tracey & Witherington, retail merchants of Woodbury, Calhoun County, Arkansas, to recover .the price of a bill of jewelry sold by the former to'the latter. A verdict was rendered in favor of the defendants, and plaintiffs appealed. Appellee could not rescind the contract of purchase. Tied.

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Appeal from Calhoun Circuit Court. ChareES W. Smith, Judge. STATEMENT BY THE COURT. Action by W. F. Main & Company, wholesale jewelry merchants of Iowa City, Iowa, against Tracey & Witherington, retail merchants of Woodbury, Calhoun County, Arkansas, to recover .the price of a bill of jewelry sold by the former to'the latter. A verdict was rendered in favor of the defendants, and plaintiffs appealed. Appellee could not rescind the contract of purchase. Tied. Sales § 40; Benj. Sales § 64; 47 Ark. 519. Appellee did not plead premature suit below and cannot here. 54 Ark. 442. It is error to give…

1Opinion of the Court

McCurroci-i, J.,

(after stating the facts.) Appellees gave a written order for the bill of jewelry to the traveling salesman of appellants, and same was forwarded to appellants for acceptance and shipment of the goods. Appellees thereafter wrote and mailed a letter to appellants countermanding the order. This case is similar upon the facts to the recent case of Merchants’ Exchange Company v. Sanders, 74 Ark. 16, except that in the Sanders case the proof failed to show satisfactorily that the letter countermanding the order was received before the acceptance of the order and shipment of the…

2Cases cited1 opinion

  1. Merchants' Exchange Co. v. SandersSupreme Court of Arkansas · 1905

3Cited by1 opinion

  1. Main v. TraceySupreme Court of Arkansas · 1908

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