S. F. Bowser & Co. v. Marks
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Bvans, Judge; When, on September 17, appellants notified appellees of the acceptance of their order, the offer and acceptance became a binding contract. 24 Am. & Eng. Enc. of L. 1030; 47 Ark. 519; Clark on Contracts, 42, 43; Lawson on Contracts, 21. The railway company, on delivery of the goods to it, became the agent of the purchaser. 51 Ark. 137, and cases cited.
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Appeal from Grant Circuit Court; W. H. Bvans, Judge; When, on September 17, appellants notified appellees of the acceptance of their order, the offer and acceptance became a binding contract. 24 Am. & Eng. Enc. of L. 1030; 47 Ark. 519; Clark on Contracts, 42, 43; Lawson on Contracts, 21. The railway company, on delivery of the goods to it, became the agent of the purchaser. 51 Ark. 137, and cases cited. The minds of the parties failed to meet on one of the essential elements of the contract — the price of the goods. There was no completed sale. 90 Ark. 131; 35 Cyc. 62, and notes. When…
1Opinion of the CourtFrauEnthar, J.
This was an action instituted by the appellant to recover the purchase price of an oil tank and pump which it alleged it sold to the appellees. The appellant was located at Fort Wayne, Indiana, and was engaged in the manufacture and sale of oil tanks and pumps and other wares; and the appellees were merchants located at Sheridan, Arkansas. On September 15, 1908, appellees made a written offer to purchase from appellant an oil -tank and pump by the following letter:
“Sheridan, Ark., September 15, 1908.
“S. F. Bowser & Co.,
“Fort Wayne, Ind.
“Gentlemen: Please ship me at once one sixty-five gal.…
2Cases cited2 opinions
- Dorgan v. StateSupreme Court of Alabama · 1882
- Taft v. TravisMassachusetts Supreme Judicial Court · 1883
3Cited by7 opinions
- Sharp v. WilliamsSupreme Court of Florida · 1939
- Burger v. RayCourt of Appeals of Texas · 1922
- Charles Brown & Sons v. White Lunch Co.California Court of Appeal · 1928
- Dziga v. Muradian Business Brokers, Inc.Court of Appeals of Arkansas · 1989
- Machesky v. City of MilwaukeeWisconsin Supreme Court · 1934
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