White v. Beal & Fletcher Grocer Co.
Supreme Court of Arkansas
Appeal from Conway Circuit Court. Jeremiah G. Wallace, Judge. Plaintiff knew or bad the means of knowledge of the facts that authorized a rescission of the contract of sale, at the time it sought to affirm it. Hence it is bound by its election, and cannot disaffirm the sale and maintain replevin. 155 U. S. 38; 111 Mass. 272; 31 Mich. 312; 2 Smith, Lead.
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Appeal from Conway Circuit Court. Jeremiah G. Wallace, Judge. Plaintiff knew or bad the means of knowledge of the facts that authorized a rescission of the contract of sale, at the time it sought to affirm it. Hence it is bound by its election, and cannot disaffirm the sale and maintain replevin. 155 U. S. 38; 111 Mass. 272; 31 Mich. 312; 2 Smith, Lead. Cas. 1372, and notes; 5 Met. 49; 125 Ind. 381; 149 Mass. 141; 113 N. Y. 450; 45 Ark. 141; 52 Ark. 467; 31 Mich. 311; 115 N. Y. 387; 23 Wis. 500. Fraud in a particular transaction under investigation cannot be proved by evidence of other acts…
1Opinion of the CourtBattle, J.
On the 31st of October, 1894, Overstreet & Son purchased from Beal & Fletcher Grocer Company goods and merchandise, on a credit, at the aggregate sum and price of $420.17, which, added to the sum they were already owing to the Grocer Company, made their indebtedness to it amount to about $1,000. On the 6th of November, in the same year, they failed in business. On the 8th of the latter month the Grocer Company sued Overstreet & Son for the amount of their indebtedness, including the $420.17, and caused an order of attachment to be issued against them, upon the ground that they had sold,…
2Cases cited17 opinions
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Hall v. . NaylorNew York Court of Appeals · 1859
- Dodge v. PopeIndiana Supreme Court · 1883
- Tarkington v. PurvisIndiana Supreme Court · 1890
- Dunnington v. Frick Co.Supreme Court of Arkansas · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Henderson v. GladishSupreme Court of Arkansas · 1939
- Belding v. WhittingtonSupreme Court of Arkansas · 1922
- Craig v. MeriwetherSupreme Court of Arkansas · 1907
- Myers v. MartinSupreme Court of Arkansas · 1925
- Albrecht v. RathaiSupreme Court of Minnesota · 1921
13 more not listed; retrieve them via the Exa API.