Cummings v. Lord’s Art Galleries

J. Seaborn Holt, Associate Justice.

This litigation involves an auction sale of a diamond ring. Appellant, Cummings, a non-resident, while a visitor in Hot Springs, Arkansas [on July 1, 1954] and attending an auction of appellee’s, made a hid of $900 on a ring which contained a 2.28 carat diamond surrounded by four smaller diamonds “weighing 10 points”. His hid of $900 was the highest and the auctioneer closed the sale to appellant for this amount. [Federal excise tax and state sales tax when added to the sale price made a total of $1,008.] Following the sale, Cummings paid $50 cash and gave…