Legal Opinion

Hart v. Hammett Grocer Co.

Supreme Court of Arkansas

Decided January 28, 1918PublishedCited by 4 opinions

Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. No binding contract was ever entered into. The two telegrams were not sufficient and the letter of confirmation did not contain the same terms set out in the offer. The court erred in its instructions .and in submitting the case to the jury.

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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. No binding contract was ever entered into. The two telegrams were not sufficient and the letter of confirmation did not contain the same terms set out in the offer. The court erred in its instructions .and in submitting the case to the jury. The court should have construed the contract. 77 Ark. 261; 89 Id. 239; 97 Id. 613; 95 Id. 421; 121 Id. 150; 112 Id. 380. 2. Defendant complied with his contract and shipped the car and plaintiff was not entitled to recover. 97 Ark. 613;'9 Cyc. 260. 3. The law with reference to. contracts…

1Opinion of the CourtHumphreys, J.

Appellee, a corporation doing a grocery business at Pine Bluff, Ark., instituted suit against Hart Bros., a partnership engaged in the bean business at Saginaw, Mich., appellant being a member thereof, in the Jefferson Circuit Court to recover damages for failure of Hart Bros, to deliver a car of navy beans to appellee in Pine Bluff, under an alleged contract for delivery to appellee in said city at $2.25 per bushel. It was alleged that the price advanced from $2.25 to $3.19 per bushel between the date of purchase and date for delivery.

Appellant denied that the contract of sale provided for…

2Cases cited4 opinions

  1. McDonough v. WilliamsSupreme Court of Arkansas · 1905
  2. Mann v. UrquhartSupreme Court of Arkansas · 1909
  3. Cage v. BlackSupreme Court of Arkansas · 1911
  4. Porter v. GossellSupreme Court of Arkansas · 1914

3Cited by4 opinions

  1. Elkins v. AlicevilleSupreme Court of Arkansas · 1926
  2. Worth James v. P. B. Price Construction Co.Supreme Court of Arkansas · 1966
  3. James v. PB PRICE CONSTRUCTION COMPANYSupreme Court of Arkansas · 1966
  4. Peebles v. SneedSupreme Court of Arkansas · 1944

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