Standard Sewing Machine Co. v. Rainwater
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. The demurrers should have been sustained and it was error to overrule them.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. The demurrers should have been sustained and it was error to overrule them. In the original answer of defendant his case and defense are based upon the memorandum of Cachere attached to his copy of the order, but this memorandum was not a component part of the contract because (1) the printed order expressly states that “no claims or demands on account of any promise, either verbal or written, or any agreement whatever, outside of this order, will or can be made. ’ ’ 2. The court erred in admitting certain testimony set out in the…
1Opinion of the CourtHumphreys, J.
Appellant instituted .suit against appellee in the circuit court of Conway County for $712.50, the purchase price of twenty-live sewing machines, alleged to have been shipped by appellant to appellee under written contract, or order, signed by both parties. The contract on its face was an unconditional order for twenty-five rotary sewing machines of certain style and kind, at a stipulated price under specified terms. The contract contained the folloYving clause limiting' the authority of its traveling salesman’:
“The above is an exact statement of the terms agreed upon as per order above; and…
2Cases cited2 opinions
- Barton-Parker Manufacturing Co. v. TaylorSupreme Court of Arkansas · 1906
- William Brooks Medicine Co. v. JeffriesSupreme Court of Arkansas · 1910
3Cited by3 opinions
- New Home Sewing Machine Co. v. WestmorelandSupreme Court of Arkansas · 1931
- Markstein Bros. v. J. A. White & Co.Supreme Court of Arkansas · 1921
- Fair Store No. 32 v. Hadley Milling Co.Supreme Court of Arkansas · 1921