J. R. Watkins Medical Co. v. Williams
Supreme Court of Arkansas
Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. A similar contract was construed by this court in 115 Ark. 166. Williams was not appellant’s agent, and the company was not engaged in business in Arkansas. The facts proven and the contract show a sale of the goods to appellee and not an agency. 181 S. W. 1183; 2 A. .& E. Ann.
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Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. A similar contract was construed by this court in 115 Ark. 166. Williams was not appellant’s agent, and the company was not engaged in business in Arkansas. The facts proven and the contract show a sale of the goods to appellee and not an agency. 181 S. W. 1183; 2 A. .& E. Ann. Cas. 309; 161 Fed. 223; 18 L. E. A. (N. S.) 139, 140; 40 S. W. 393; 98 Tenn. 244. Names go for title; the contract really operates to transfer title and was a sale. Mechem on Sales, § § 41-49; 28 Am. St. 811; 70 N. W. 808; 180 S. W. 21, iand many others. 2.…
1Opinion of the CourtSmith, J.
The parties to this litigation concede that the case presents substantially the same questions as those involved in the case of Clark v. J. R. Watkins Medical Co., 115 Ark. 166. The appellant here was the appellee there, and the cause of action in both cases was founded upon the same agency contract. Appellant advertises itself as the largest medicine house in the world and does its business chiefly through persons who represent it in the same capacity appellee did. The proof shows that-at -one time it had as many as eighty such representatives in this State and something like two thousand in…
2Cases cited1 opinion
- Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
3Cited by7 opinions
- Hogan v. Intertype Corp.Supreme Court of Arkansas · 1918
- W. T. Rawleigh Medical Co. v. HolcombSupreme Court of Arkansas · 1917
- Pratt Laboratories, Inc. v. TeagueDistrict Court, W.D. Arkansas · 1958
- W. T. Rawleigh Medical Co. v. EllisSupreme Court of Arkansas · 1918
- Lasater v. Western Clay Drainage DistrictSupreme Court of Arkansas · 1928
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