Legal Opinion

Waxahachie Medicine Co. v. Daly

Supreme Court of Arkansas

Decided February 28, 1916PublishedCited by 11 opinions

Appeal from Nevada Circuit Court; Geo. B. Haynie, Judge; STATEMENT BY THE COURT. Appellant Medicine Company, a foreign corporation, of the State of Texas, made a contract August 16, 1912, with appellee and his sureties, for the .sale of certain medicines to be supplied by it at a certain price delivered to appellee Daly, to be sold by him in Nevada County, and the .proceeds accounted for according to the stipulations contained in the contract.

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Appeal from Nevada Circuit Court; Geo. B. Haynie, Judge; STATEMENT BY THE COURT. Appellant Medicine Company, a foreign corporation, of the State of Texas, made a contract August 16, 1912, with appellee and his sureties, for the .sale of certain medicines to be supplied by it at a certain price delivered to appellee Daly, to be sold by him in Nevada County, and the .proceeds accounted for according to the stipulations contained in the contract. Under this contract it delivered to Daly, medicines to the amount of $428.38. It had not complied with the requirements of our State laws for admission…

1Opinion of the CourtKirby, J.

(after stating the facts.) It is contended that the court erred in giving said instruction numbered one because there was no testimony upon which to base it so far as the substitution of the second contract for the first is concerned, nor any showing that the parties regarded it of no further force and effect and that it was in effect a direction to the jury to find against appellant because it had not complied with the requirements of the laws of the State for foreign corporations entering to do business before its execution.

It is undisputed that the medicine company in April, 1913, complied…

2Cases cited4 opinions

  1. State Mutual Fire Insurance v. Brinkley Stave & Heading Co.Supreme Court of Arkansas · 1895
  2. Buffalo Zinc & Copper Co. v. CrumpSupreme Court of Arkansas · 1902
  3. Woolfort v. Dixie Cotton Oil Co.Supreme Court of Arkansas · 1905
  4. Sutherland-Innes Co. v. ChaneySupreme Court of Arkansas · 1904

3Cited by11 opinions

  1. Peter & Burghard Stone Co. v. CarperIndiana Court of Appeals · 1930
  2. Brace v. Gauger-Korsmo Const. Co.Court of Appeals for the Eighth Circuit · 1929
  3. Hicks Body Company, Inc., a Corporation v. Ward Body Works, Inc.Court of Appeals for the Eighth Circuit · 1956
  4. J. R. Watkins Medical Co. v. MartinSupreme Court of Arkansas · 1917
  5. J. R. Watkins Medical Co. v. MosleySupreme Court of Arkansas · 1919

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