Parrett Tractor Co. v. Brownfiel
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; R. H. Dudley, Judge; In the absence of express authority, a general agent has no authority to warrant the machine sold. 24 B. C. L. 701, 702, 704. It was error to refuse to give instruction No. 2. A waiver is implied by a great period of delay. 102 Ark. 442 ; 29 Am. & Eng.
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Appeal from Poinsett Circuit Court; R. H. Dudley, Judge; In the absence of express authority, a general agent has no authority to warrant the machine sold. 24 B. C. L. 701, 702, 704. It was error to refuse to give instruction No. 2. A waiver is implied by a great period of delay. 102 Ark. 442 ; 29 Am. & Eng. Enc. of Law 1105; 27 B. C. L. 911. Betaining machinery after knowledge of defects without objection constitutes a waiver. 106 la. i85, 90, 40 Cyc. 267-8. 'Subsequent payment, following a breach of condition of performance, is a waiver. 110 Wise. 11; 55 N. Y. 280. A definite promise to pay…
1Opinion of the CourtMcCulloch, C. J.
Appellant sold and delivered to appellees a tractor for the sum and price of $1675, of which $1,000 was paid in cash and a promissory note for $675, dated April 18, 1918, dne December 1, 1918, was duly executed by appellees to appellant. This is an action instituted by appellant against appellees to recover the amount of the note. There was an answer and counterclaim filed by appellees in which they alleged that there had been an express warranty of the quality of the machine sold to them by appellant and a breach of the warranty, whereby appellees suffered damages in the sum of $1675.
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2Cases cited4 opinions
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- Courtesy Flour Co. v. WestbrookSupreme Court of Arkansas · 1920
- Federal Truck & Motors Co. v. TompkinsSupreme Court of Arkansas · 1921
- Plant v. ConditSupreme Court of Arkansas · 1861
3Cited by6 opinions
- Loe v. McHargueSupreme Court of Arkansas · 1965
- First Nat. Bk. of Minneapolis v. MalvernSupreme Court of Arkansas · 1926
- Holcomb Hoke Manufacturing Company v. FishSupreme Court of Arkansas · 1928
- Newlin v. WebbSupreme Court of Arkansas · 1921
- Lewis Supply Co. v. GallowaySupreme Court of Arkansas · 1932
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