Crockett v. McClure Co.
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court, Southern District; J. M. Jackson, Judge; STATEMENT OE EAOTS. . On May 16, 1914, the McClure Company, a corporation of Michigan, sold to J. Smith Crockett of Hunter, Arkansas, a silo 20 feet in diameter and 40 feet high. The contract was evidenced by a written order in which Crockett requested the company to ship to him at Hunter, Woodruff County, Arkansas, the silo which is specifically described in the order.
Read the full summary
Appeal from Woodruff Circuit Court, Southern District; J. M. Jackson, Judge; STATEMENT OE EAOTS. . On May 16, 1914, the McClure Company, a corporation of Michigan, sold to J. Smith Crockett of Hunter, Arkansas, a silo 20 feet in diameter and 40 feet high. The contract was evidenced by a written order in which Crockett requested the company to ship to him at Hunter, Woodruff County, Arkansas, the silo which is specifically described in the order. The order recited: “If, upon receipt of this silo, any part or parts to be lacking or defective, I will immediately notify the McClure Co., and allow…
1Opinion of the Court
Wood, J.,
(after stating the facts). The ruling of the court was correct in instructing the jury to return a verdict in favor of the appellee. Appellant was bound under the terms of his contract to “immediately notify appellee on the receipt of the silo if any part or parts were lacking or defective. ’ ’ He was to allow a reasonable time for replacing such shortage or defective part. A failure to comply with the above terms on the part of appellant was to be deemed acceptance of the silo. The appellant failed to comply with the above provisions of the contract as shown by the correspondence…
2Cited by2 opinions
- Markstein Bros. v. J. A. White & Co.Supreme Court of Arkansas · 1921
- Thomas v. SchaadSupreme Court of Arkansas · 1926