Keith v. Herschberg Optical Co.
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Judge. It is manifest the trial court wholly misconceived the nature of the action, and the issues involved.
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APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Judge. It is manifest the trial court wholly misconceived the nature of the action, and the issues involved. Had this been an action of deceit brought by appellant to hold the appellee liable in damages for the fraud of the latter’s agent, the instructions of the court to the jury might be sustained ; but with all due deference, we submit that no case can be found to sustain the monstrous proposition that a vendee is bound to take and pay for goods which he was induced to order by representations and under agreements, the first of which…
1Opinion of the CourtSmith, J.
This action was begun before a justice of the peace to recover of Keith $51.75, on open account, for a bill of goods sold him by the plaintiff’s traveling agent.
The plaintiff had judgment, and the defendant appealed. In the circuit court the defendant filed a formal answer, in which he alleged that he agreed to purchase the goods (eye-glasses), but that, as a part of the contract of sale, plaintiff’s agent, who made the same, agreed to give defendant the exclusive right of selling the goods in Boone-ville ; that he stated he had not sold to any one else, and agreed with defendant that he…
2Cases cited6 opinions
- Insurance Company v. McCainSupreme Court of the United States · 1878
- Le Roy v. BeardSupreme Court of the United States · 1850
- Minter v. Pacific RailroadSupreme Court of Missouri · 1867
- Talmage v. BierhauseIndiana Supreme Court · 1885
- W. W. Roller & Co. v. OttSupreme Court of Kansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- American Sales Book Co. v. WhitakerSupreme Court of Arkansas · 1911
- Ford v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1904
- McNeil v. Home InsuranceMissouri Court of Appeals · 1888
- Kipp v. SmithWisconsin Supreme Court · 1908
10 more not listed; retrieve them via the Exa API.