Chalmers & Son v. Bowen
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; STATEMENT BY THE COURT. The plaintiffs, Harvey Chalmers & Son, instituted this action against J. R. and J. A. Bowen to recover the possession of about thirty tons of mussel shells of the alleged value of $600. The case was tried before a jury, which returned a verdict for the defendants, and the plaintiffs have appealed.
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Appeal from Clay Circuit Court, Western District; W. J. Driver, Judge; STATEMENT BY THE COURT. The plaintiffs, Harvey Chalmers & Son, instituted this action against J. R. and J. A. Bowen to recover the possession of about thirty tons of mussel shells of the alleged value of $600. The case was tried before a jury, which returned a verdict for the defendants, and the plaintiffs have appealed. The defendants were engaged in the business of cutting blanks for buttons from mussel shells. In July, 1911, they entered into an oral contract with Louis Igert, as agent for the plaintiffs, to buy from…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first insisted by counsel for plaintiffs that defendant set up title to. the shells under a contract of purchase made in 1911 and at the trial undertook to prove title under a contract made in 1912. On this account they contend that the judgment should be reversed. It is true the answer of the defendants alleges that they made a contract in 1911 with plaintiffs for such shells as the defendants desired, but the answer further alleges that about the last of March, 1912, after defendants had taken and paid for a large lot of shells under the former…
2Cases cited3 opinions
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- Brown v. BrownSupreme Court of Arkansas · 1910
- McDermott v. Kimball Lumber Co.Supreme Court of Arkansas · 1912
3Cited by9 opinions
- Farley v. HensonCourt of Appeals for the Eighth Circuit · 1993
- Continental Supply Co. v. Sinclair Oil & Gas Co.Supreme Court of Oklahoma · 1924
- Southern Electrical Corp. v. Ashley-Chicot Electric Co-Op, Inc.Supreme Court of Arkansas · 1952
- Bank of Wynne & Trust Co. v. StaffordSupreme Court of Arkansas · 1917
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.District Court, W.D. Arkansas · 1958
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