Legal Opinion

Main v. Oliver

Supreme Court of Arkansas

Decided December 14, 1908PublishedCited by 8 opinions

Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; One who signs a contract must stand by the words of -that contract.

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Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; One who signs a contract must stand by the words of -that contract. If he will not read what he signs, he alone is responsible for his omission.- 32 Ark. 327; 70 Ark. 515; 71 Ark. 188; 91 U. S. 50; 35 Ark. 559. Not only so, but he must show that he was guilty of no laches in signing before he can be relieved from this contract. 56 N. Y. 137; 66 Me. 109. Where the company does not know of the representations by the agent until after delivery, there can be no fraud. 98 N. W. 697. See, also, 63 Pac. (Cal.) 1067; 89 S. W. 648; 75…

1Opinion of the CourtMcCulloci-i, J.

Appellant sued appellee at law to recover the price of a lot of jewelry shipped to the latter by the former under a written contract of sale. Appellee answered, stating in substance that appellant’s agent had agreed with him to ship the jewelry for sale on commission, that he signed the written contract of sale at his place of business in Fayetteville, Arkansas, upon an express agreement with appellant’s agent that the latter would change the form and substance of the writing before it was mailed to appellant at his place -of business in Chicago, Illinois, so as to make it conform to their…

2Cases cited3 opinions

  1. Graham v. RemmelSupreme Court of Arkansas · 1905
  2. Barr Cash & Package Carrier Co. v. Brooks-Ozan Mercantile Co.Supreme Court of Arkansas · 1907
  3. Barton-Parker Manufacturing Co. v. TaylorSupreme Court of Arkansas · 1906

3Cited by8 opinions

  1. North American Uranium, Inc. v. JohnstonWyoming Supreme Court · 1957
  2. Cox v. SmithSupreme Court of Arkansas · 1911
  3. Cherokee Construction Co. v. Prairie Creek Coal Mining Co.Supreme Court of Arkansas · 1912
  4. New Home Sewing Machine Co. v. WestmorelandSupreme Court of Arkansas · 1931
  5. Pictorial Review Company v. RosenSupreme Court of Arkansas · 1926

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