Guion Mercantile Co. v. Campbell
Supreme Court of Arkansas
Appeal from Izard Circuit Court; John W. Meeks, Judge; 1. The burden was on plaintiff to prove title. The sale was imperfect and incomplete, as something remained to be done between buyer and seller. 19 Ark. 573. There was no delivery.
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Appeal from Izard Circuit Court; John W. Meeks, Judge; 1. The burden was on plaintiff to prove title. The sale was imperfect and incomplete, as something remained to be done between buyer and seller. 19 Ark. 573. There was no delivery. Replevin does not lie for part of a lot of ties in which only an individual interest is claimed. 44 Ark. 447. Where chattels are sold to two .different purchasers by sales equally valid, he who first take possession will hold as against the other. Benjamin on Sales, § 675 n. d; 97 Mass. 46-48. The conditions precedent to ■vest title in Campbell had not been-…
1Opinion of the CourtErauenthal, J.
This is a replevin suit brought by the
plaintiff, P. B. Campbell, against the defendant, the Guión Mercantile Company, for the recovery of one hundred cross ties. It was instituted in a justice of the peace court, and an appeal was taken from the judgment of that court to the circuit court; and in that court a jury returned a verdict in favor of the plain-’ tiff for the cross ties.
The evidence tended to prove that about December 10, 1907, the plaintiff entered into a contract with one Sonchersee by which the latter, in consideration of certain supplies furnished him by the plaintiff, agreed…
2Cases cited12 opinions
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
- Shaul v. HarringtonSupreme Court of Arkansas · 1891
- Seawell v. YoungSupreme Court of Arkansas · 1905
- Chamblee v. McKenzieSupreme Court of Arkansas · 1876
- Lynch v. DaggettSupreme Court of Arkansas · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Elgin v. BarkerSupreme Court of Arkansas · 1913
- McDermott v. Kimball Lumber Co.Supreme Court of Arkansas · 1912
- Brown v. Simsboro Cash StoreSupreme Court of Arkansas · 1912
- Hodges Bros. v. Bank of CoveSupreme Court of Arkansas · 1915
- Cate-Lanieve Company v. PlantSupreme Court of Arkansas · 1926
2 more not listed; retrieve them via the Exa API.