Toledo Computing Scale Co. v. Stephens
Supreme Court of Arkansas
Appeal from Benton Circuit Court; /. S. Maples, Judge; statement by the court. On the 9th day of December, appellees gave to the agent of appellant a written order for a pair of scales to be shipped to them at their place of business at Sulphur Springs in the State of Arkansas. The order was addressed to appellant at its place of business at Toledo, Ohio, and contained a provision that the order should not be countermanded.
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Appeal from Benton Circuit Court; /. S. Maples, Judge; statement by the court. On the 9th day of December, appellees gave to the agent of appellant a written order for a pair of scales to be shipped to them at their place of business at Sulphur Springs in the State of Arkansas. The order was addressed to appellant at its place of business at Toledo, Ohio, and contained a provision that the order should not be countermanded. The price to be paid was $275, as follows: “$25 cash with order; $20 on delivery; balance $30 per month evidenced by notes.” Twenty-five dollars was paid when the order…
1Opinion of the Court
Hart J.,
(after stating the facs.) The rule is well settled by an unbroken line of decisions that the findings of a circuit court upon a disputed issue of fact submitted to it is as conclusive upon appeal as the verdict of a jury. That is to say, it will not be disturbed if there is any evidence to? support it. The writing in question shows on its face that it was merely a proposal to purchase, and that it was not a contract of purchase or sale. It is so treated by the head of appellant’s order department. Throughout his testimony he speaks of it as the order, and specifically names the date…
2Cases cited2 opinions
- Merchants' Exchange Co. v. SandersSupreme Court of Arkansas · 1905
- Main v. TraceySupreme Court of Arkansas · 1908
3Cited by5 opinions
- State v. Hartford Accident & Indemnity Co.Supreme Court of Connecticut · 1949
- Goset v. GosetSupreme Court of Arkansas · 1914
- Outcault Advertising Co. v. YoungSupreme Court of Arkansas · 1913
- Standard Oil Co. of New Jersey v. NevilleCourt of Appeals for the Fourth Circuit · 1931
- Cedar Rapids National Bank v. McCordSupreme Court of Arkansas · 1911