Elgin v. Barker
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This suit was brought by appellee against appellant in replevin for one gray mare, which appellee alleged he purchased of appellant, giving him as a consideration therefor one note for $58.50, which had been executed by appellant to appellee, and also an account of appellant to appellee, the note, interest and account amounting in the aggregate to about $70.00. The appellant denied that he had…
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This suit was brought by appellee against appellant in replevin for one gray mare, which appellee alleged he purchased of appellant, giving him as a consideration therefor one note for $58.50, which had been executed by appellant to appellee, and also an account of appellant to appellee, the note, interest and account amounting in the aggregate to about $70.00. The appellant denied that he had sold, the mare for the consideration of the note and account, but averred that the consideration was $80.00, and that…
1Opinion of the Court
Wood, J.,
(afer stating the facts): Appellant contends that the uncontroverted evidence shows that there was no completed sale by a meeting of the minds of the parties as to the consideration to be paid, and that there was no completed sale by a delivery of the mare in controversy. But we are of the opinion that these were questions for the jury under the evidence, and that these questions were properly submitted in the instructions that the court gave. On the questions of delivery and what is necessary to constitute a completed sale the court modeled its instructions according to the doctrine…
2Cases cited5 opinions
- Shaul v. HarringtonSupreme Court of Arkansas · 1891
- Lynch v. DaggettSupreme Court of Arkansas · 1896
- Guion Mercantile Co. v. CampbellSupreme Court of Arkansas · 1909
- Burr v. WilliamsSupreme Court of Arkansas · 1861
- Beller v. BlockSupreme Court of Arkansas · 1858
3Cited by9 opinions
- Scharff Distilling Co. v. DennisSupreme Court of Arkansas · 1914
- Hodges Bros. v. Bank of CoveSupreme Court of Arkansas · 1915
- Cate-Lanieve Company v. PlantSupreme Court of Arkansas · 1926
- Jones v. BurksSupreme Court of Arkansas · 1913
- Liveoak v. HopperSupreme Court of Arkansas · 1926
4 more not listed; retrieve them via the Exa API.