Legal Opinion

N. P. Sloan Co. v. Barham

Supreme Court of Arkansas

Decided April 14, 1919Published

Appeal from Union Circuit Court; Chas. W. Smith, Judge; 1. The court should have instructed a' verdict for defendant. The title to the cotton did not pass until all the acts usual to a sale of cotton were complied with and there was no sale. 19 Ark. 573; 24 Id. 549. The cotton must be loaded on cars at the expense of plaintiff and hill of lading secured and appellant notified and draft drawn.

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Appeal from Union Circuit Court; Chas. W. Smith, Judge; 1. The court should have instructed a' verdict for defendant. The title to the cotton did not pass until all the acts usual to a sale of cotton were complied with and there was no sale. 19 Ark. 573; 24 Id. 549. The cotton must be loaded on cars at the expense of plaintiff and hill of lading secured and appellant notified and draft drawn. There was no liability upon appellant, as Barham failed in a number of particulars and is not entitled to recover. 92 Ark. 287; 50 Id. 20; Benjamin on Sales, § 399; 2 Schouler, Pers. Prop., § 27, et…

1Opinion of the CourtSmith, J.

The appellant, hereinafter referred to as the company, is a large cotton company with principal offices in Philadelphia, and is extensively engaged in buying and exporting cotton. The company maintained an office at El Dorado, Arkansas, of which G-. W. Lake was in charge, and at this point bought large quantities of cotton in the adjacent territory. Appellee, C. C. Bar-ham, who was the plaintiff below, was a merchant and cotton buyer at Dubach, Louisiana, a town in the territory covered by Lake for his company. On December 26, 1917, Lake, at El Dorado, called Barham at Dubach over the phone,…

2Cases cited19 opinions

  1. White v. McCrackenSupreme Court of Arkansas · 1895
  2. Shaul v. HarringtonSupreme Court of Arkansas · 1891
  3. Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
  4. Arkansas Southern Railway Co. v. German National BankSupreme Court of Arkansas · 1906
  5. Lynch v. DaggettSupreme Court of Arkansas · 1896

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