Thompson v. Crenshaw Grain Co.
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; statement by the court. This is an action by C. S.- Thompson against the O. A. Crenshaw Grain Company, brought in the circuit court on the 6th day of February, 1913, to recover damages for an alleged breach of warranty in the sale of a car of corn.
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; statement by the court. This is an action by C. S.- Thompson against the O. A. Crenshaw Grain Company, brought in the circuit court on the 6th day of February, 1913, to recover damages for an alleged breach of warranty in the sale of a car of corn. The plaintiff filed an affidavit for attachment, in which he stated that the defendant was a nonresident of the State of Arkansas, and caused a garnishment to be issued against the Hope National Bank of Hope, Arkansas. The facts are as follows: C. S. Thompson, of Hope, Arkansas, wrote to…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for appellant seeks to reverse the judgment on the ground that the court erred in directing a verdict in favor of defendant ; and in this connection we think he is correct. At the time the plaintiff purchased the ear of corn involved in this suit, he had no opportunity to inspect the same, and there was an implied warranty on the part of the seller that the corn was reasonably fit for use. Truschel v. Dean, 77 Ark. 546; Bunch v. Weil, 72 Ark. 343. According to the testimony of the plaintiff, the corn had sprouted and was rotten and unfit for use. -…
2Cases cited3 opinions
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Truschel v. DeanSupreme Court of Arkansas · 1906
- Warden v. MiddletonSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Courtesy Flour Co. v. WestbrookSupreme Court of Arkansas · 1920
- Great Atlantic & Pacific Tea Co. v. SmithDistrict Court, W.D. Arkansas · 1948