Federal Truck & Motors Co. v. Tompkins
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, .Ozark District; Jas. Cochran, Judge; I. The court erred in submitting to the jury the question of the breach of warranty. A warranty is so clearly a part of a sale where the sale is evidenced by a written contract that it is incompetent to engraft upon it a warranty by parol. 80 Ark. 505. The written contract signed 'by the parties was a complete contract. 80 Ark. 505 is decisive of this case.
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Appeal from Franklin Circuit Court, .Ozark District; Jas. Cochran, Judge; I. The court erred in submitting to the jury the question of the breach of warranty. A warranty is so clearly a part of a sale where the sale is evidenced by a written contract that it is incompetent to engraft upon it a warranty by parol. 80 Ark. 505. The written contract signed 'by the parties was a complete contract. 80 Ark. 505 is decisive of this case. It was not competent to engraft upon it a warranty resting on parol. Id. 83; Id. 240; Id. 283; 94 Ark. 130.' It is not admissible to contradict or to vary or add to…
1Opinion of the CourtSmith, J.
On September 7th, 1919, appellee made á contract to purchase a second-hand truck from the appellant company. By the terms of the contract $500 of the purchase price was to be paid in cash. Appellee gave his check for $100 and agreed to pay the balance of $400 when the truck was delivered to him at his place of business in Ozark. He also agreed, on delivery of the truck, to execute ten notes, each for $75, payable one every thirty days. Under the agreement, appellant company was to send the truck from Fort Smith, where the sale was made, to Ozark, but was unable to make delivery, and so…
2Cases cited6 opinions
- Arden Lumber Co. v. Henderson Iron Works & Supply Co.Supreme Court of Arkansas · 1907
- Bradley Gin Co. v. J. L. Means Machinery Co.Supreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. BroomfieldSupreme Court of Arkansas · 1907
- Johnson v. HughesSupreme Court of Arkansas · 1907
- Morris v. Southwestern Supply Co.Supreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Green Chev. Co. v. KempSupreme Court of Arkansas · 1966
- Equitable Discount Corp. v. TrotterSupreme Court of Arkansas · 1961
- Dyke v. MagdalenaSupreme Court of Arkansas · 1926
- Hambrick v. Peoples Mercantile & Implement Co.Supreme Court of Arkansas · 1958
- Parrett Tractor Co. v. BrownfielSupreme Court of Arkansas · 1921
3 more not listed; retrieve them via the Exa API.