Drake v. Pope
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; 1. Appellant acted only as a broker, did not sell the feed-stuff himself, had no part in filling the order, had no interest in "the company that filled the order, and is not liable. The commission company shipped the corn to appellee, direct, with bill of lading attached. The mere sending of an order did not constitute a contract. 2. The order sent to appellant was merely an offer to buy.
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Appeal from Howard Circuit Court; James S. Steel, Judge; 1. Appellant acted only as a broker, did not sell the feed-stuff himself, had no part in filling the order, had no interest in "the company that filled the order, and is not liable. The commission company shipped the corn to appellee, direct, with bill of lading attached. The mere sending of an order did not constitute a contract. 2. The order sent to appellant was merely an offer to buy. He could not fill the order, did not accept it, but requested the commission company to do so. They accepted and filled the order, and were paid by…
1Opinion of the CourtHire, C. J.
O. T. Pope ordered of A. F. Drake a carload of feedstuff, containing corn of a certain grade, among other stuff. The car arrived with bill of lading attached to draft in 'favor of Cunningham Commission Company for the price of the carload. Pope paid the draft, and received the car, and discovered the corn was not in compliance with the order, and returned it. This suit is to recover the price of the corn, and the only question litigated was whether Drake or the Cunningham Commission Company was the responsible party.
The court instructed the' jury that if Pope ordered .the corn from Drake at a…
2Cases cited1 opinion
- Shelby v. BurrowSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Missouri Pacific Railroad v. J. W. Myers Commission Co.Supreme Court of Arkansas · 1938
- Hurricane Milling Co. v. Steel & Payne Co.West Virginia Supreme Court · 1919
- Ferguson v. HuddlestonSupreme Court of Arkansas · 1945
- Schulze v. PriceSupreme Court of Arkansas · 1948