Richardson v. Comstock
Supreme Court of Arkansas
Appeal from Union Circuit Couit. Hon. Abner A. Stitii, Circuit Judge. The verbal agreement and correspondence between the parties were admissible, as part of th^ res gestee; 2 Par. on Con. 65, 68; 11 Mete. 199; 16 Penn. Rep. 43; to prove that plaintiff had control of the drugs at the time of the contract, 1 Par. on Con. 239; 20 Wend. Rep, 268; 2 Wash. C. C. R. 294; and to explain the equivocal terms used in the contract, 1 Greenlf.
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Appeal from Union Circuit Couit. Hon. Abner A. Stitii, Circuit Judge. The verbal agreement and correspondence between the parties were admissible, as part of th^ res gestee; 2 Par. on Con. 65, 68; 11 Mete. 199; 16 Penn. Rep. 43; to prove that plaintiff had control of the drugs at the time of the contract, 1 Par. on Con. 239; 20 Wend. Rep, 268; 2 Wash. C. C. R. 294; and to explain the equivocal terms used in the contract, 1 Greenlf. Ev. p. 400, sec. 297-300. The plaintiff was bound to send the drugs within a reasonable time — in time for the defendant to try and sell them before the maturity…
1Opinion of the CourtChief Justice English
George W. Comstock, surviving partner of the firm of Com-stock & Brother, brought an action of debt, in the Union Circuit Court, against Robert F. Richardson, and Jeremiah S. Avera, late partners, under the firm name of R. F. Richardson & Co., on a promissory note executed by them, 15th April, 1853, as follows:
“ On or before the 15th day of February next, we promise to pay Comstock & Brother, or order, one hundred and eighty dollars, for value received, ten per cent, interest from date.
R. F. RICHARDSON & CO.”
The defendants pleaded.
1st. Nil debet.
2d. That the note sued on was executed by them…
2Cited by10 opinions
- Martin v. HamlinMichigan Supreme Court · 1869
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Armijo v. HenryNew Mexico Supreme Court · 1907
- Firestone Tire & Rubber Co. v. WebbSupreme Court of Arkansas · 1944
- Kelly v. KeithSupreme Court of Arkansas · 1905
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