Cornish v. Friedman
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. This was an action upon a promissory note in the Sebastian Circuit Court, the plaintiff reciting that the defendants, Lewis Friedman and I. Isaacson, had executed to the plaintiff on the 2d day of November, 1907, a promissory note for two thousand dollars, due thirty days after date without grace, with interest from date at eight per cent, per annum until paid, reciting the…
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. This was an action upon a promissory note in the Sebastian Circuit Court, the plaintiff reciting that the defendants, Lewis Friedman and I. Isaacson, had executed to the plaintiff on the 2d day of November, 1907, a promissory note for two thousand dollars, due thirty days after date without grace, with interest from date at eight per cent, per annum until paid, reciting the nonpayment of the same, protest fees $4.90, and concluding with a prayer for the recovery of said two thousand dollars…
1Opinion of the Court
.Wood, J.,
(after stating the facts). 1. In the “American note” to “Benjamin on Sales,” concerning the subject of “what constitutes an express warranty,” it is said:
“(1). All agree that neither the word ‘warrant’ nor any other particular word or form of words is necessary.
“(2). All agree that mere words of praise and commendation, or which merely express the vendor’s opinion, belief, judgment, or estimate, do not constitute a warranty.
“(3). All agree that any positive affirmation of a material fact as a fact, intended by the vendor as and for a warranty, and relied upon as such, is sufficient;…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Grayson-McLeod Lumber Co. v. CarterSupreme Court of Arkansas · 1905
- Miller v. NuckollsSupreme Court of Arkansas · 1905
- Fletcher v. EagleSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
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3Cited by4 opinions
- In re Horizon Organic Milk Plus Dha Omega-3 Marketing & Sales Practice LitigationDistrict Court, S.D. Florida · 2013
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- Gates v. RitchieSupreme Court of Arkansas · 1924
- Wright v. Liberty Central Trust Co.Supreme Court of Arkansas · 1924