Bankers' Utilities Co. v. Cotton Belt Savings & Trust Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; STATEMENT OF FACTS. The Bankers’ Utilities Co., Incorporated, of San Francisco, California, sued the Cotton Belt Savings & Trust Co., a corporation doing business in Pine Bluff, Ark., for the sum of $1,040 alleged to be due upon a contract for one thousand small savings hanks at $1 each and checks for use with them for $40. The defendant answered that the contract sued on was obtained by the fraudulent…
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Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; STATEMENT OF FACTS. The Bankers’ Utilities Co., Incorporated, of San Francisco, California, sued the Cotton Belt Savings & Trust Co., a corporation doing business in Pine Bluff, Ark., for the sum of $1,040 alleged to be due upon a contract for one thousand small savings hanks at $1 each and checks for use with them for $40. The defendant answered that the contract sued on was obtained by the fraudulent representations of the seller. The contract is in writing dated March 9, 1920, and accepted by the plaintiff on March 15. 1920. By the…
1Opinion of the CourtHart, J.
(after stating the facts.) To reverse the judgment, counsel for the plaintiff rely upon the rule laid down in Pratt v. Meyer, 75 Ark. 206, to the effect that where an order for goods sold stipulates that verbal or written agreements with salesmen shall not be binding on the seller, it is incompetent to prove as a defense,when sued for the purchase price of the goods, that the plaintiff’s salesman agreed not to sell his goods to any other person in the city.
The contract sued on contained a stipulation that no verbal agreements should be binding on the parties. Under this stipulation the…
2Cases cited2 opinions
- Pratt v. MeyerSupreme Court of Arkansas · 1905
- French & American Importing Co. v. Belleville Drug Co.Supreme Court of Arkansas · 1905
3Cited by7 opinions
- Tyson Foods, Inc. v. DavisSupreme Court of Arkansas · 2002
- Anthony v. First National Bank of MagnoliaSupreme Court of Arkansas · 1968
- Harris v. ByersSupreme Court of Arkansas · 1946
- Cochran v. People's Exchange BankSupreme Court of Arkansas · 1928
- Moss v. American Alternative Ins. Corp.District Court, E.D. Arkansas · 2006
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