Outcault Advertising Co. v. Young
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Tbe appellant sued the appellee on a written contract, alleging that appellee was indebted to it in tbe sum of $108.16, tbe purchase price of certain advertising matter furnished by the appellant to the appellee.
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Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Tbe appellant sued the appellee on a written contract, alleging that appellee was indebted to it in tbe sum of $108.16, tbe purchase price of certain advertising matter furnished by the appellant to the appellee. The appellee denied that it was indebted to the appellant in any sum; admitted that it had signed the contract in suit, and set up that appellee’s signature to the contract, through its manager, R. P. Young, was obtained through false and fraudulent representations of the agent of the appellant, who…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. While the written contract specifies that same can not be cancelled, the contract, when taken as a whole, shows that it was but an order for. the sale of goods. The case is controlled on this point by Toledo Computing Scale Co. v. Stephens, 96 Ark. 606, and by Lee v. Vaughn Seed Store, 101 Ark. 68.
Notwithstanding the testimony of appellant’s agent, the traveling salesman, to the effect that he “accepted the contract then and there,” his testimony, taken together, showed that he only meant that he accepted the order. Appellant’s agent was a drummer, or a…
2Cases cited6 opinions
- Lee v. Vaughan's Seed StoreSupreme Court of Arkansas · 1911
- Carwell v. DennisSupreme Court of Arkansas · 1912
- Merchants' Exchange Co. v. SandersSupreme Court of Arkansas · 1905
- Outcault Advertising Co. v. BradleySupreme Court of Arkansas · 1912
- Toledo Computing Scale Co. v. StephensSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. McConnellSupreme Court of Arkansas · 1913
- National Railways Advertising Co. v. E. L. Bruce Co.Supreme Court of Arkansas · 1920
- Schleier v. MetzgerOhio Court of Appeals · 1937