Epstein v. Buckeye Cotton Oil Co.
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; H. W. Wells, Judge; The court erred in striking from the answer and cross complaint the allegation that plaintiff, after contract with defendant, became a member of a pool to control prices of cotton seed in Arkansas, etc.
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Appeal from Chicot Circuit Court; H. W. Wells, Judge; The court erred in striking from the answer and cross complaint the allegation that plaintiff, after contract with defendant, became a member of a pool to control prices of cotton seed in Arkansas, etc. The rule is conceded that a collateral contract is not affected by an illegal combination in restraint of trade of one of the parties in violation of either the common-law, the Sherman anti-trust law or the State statute of January 23, 1905. 184 U. S. 540; 91 Ark. 180. 'This is not such a collateral contract as is contemplated when…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action in
the circuit court of Chicot County against appellant to recover the sum of $1,538.23, alleged to be due for money - advanced from time to time to be used by the latter in purchase of cotton seed. It is alleged that during the seasons of 1910-11 and 1911-12 there were written contracts between the parties whereby appellant agreed to purchase seed on commission for appellee, and that the money sued for was furnished from time to time to be used in purchasing the seed. It is alleged in the complaint and set forth in the itemized account exhibited with the same…
2Cases cited4 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Continental Wall Paper Co. v. Louis Voight & Sons Co.Supreme Court of the United States · 1909
- Midland Valley Railroad v. Hoffman Coal Co.Supreme Court of Arkansas · 1909
- Nelson v. HirschbergSupreme Court of Arkansas · 1901