Wendt v. Ismert-Hincke Milling Co.
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; . 1. Before appellee could maintain tbis action, it devolved upon it to show a performance, or an offer to perform, on its part, or such an absolute and unqualified repudiation of the contract by appellant before the time for delivery as to render a performance or .tender to perform unnecessary. 4 Selden, 512; 2 Mechem on Sales, $ 1109; 56 N. Y. 638; 16 Fed. 168; 30 Cal. 486; 40 111. 368; 35 Cyc. 164. The doctrine that…
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Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; . 1. Before appellee could maintain tbis action, it devolved upon it to show a performance, or an offer to perform, on its part, or such an absolute and unqualified repudiation of the contract by appellant before the time for delivery as to render a performance or .tender to perform unnecessary. 4 Selden, 512; 2 Mechem on Sales, $ 1109; 56 N. Y. 638; 16 Fed. 168; 30 Cal. 486; 40 111. 368; 35 Cyc. 164. The doctrine that renunciation of an executory contract, performance of which is not yet due, will be treated as a breach entitling the…
1Opinion of the CourtSmith, J.
This suit was brought by appellee to recover damages for the alleged breach of an executory contract for the sale of two carloads of flour. The complaint alleged that on the 29th day of September, 1910, the appellant made two written orders for the purchase of flour from it. One of said orders was for eighty barrels of I. H. flour at $5.15 and eighty barrels of Thunderbolt flour at $4.95, to be shipped to appellant at Newport, Ark., on March 1, following. The other order is for eighty barrels of I. H. flour at $5.25 and eighty barrels at $5.05 to be shipped on May 1 following, and in both of…
2Cases cited2 opinions
- Kirchman v. Tuffli Bros. Pig Iron & Coke Co.Supreme Court of Arkansas · 1909
- Williams v. Board of Directors of Carden's Bottom Levee District No. 2Supreme Court of Arkansas · 1911
3Cited by2 opinions
- Investors Thrift Corporation v. HuntDistrict Court, W.D. Arkansas · 1974
- Bank of Cabot v. BledsoeCourt of Appeals of Arkansas · 1983