Legal Opinion

William Brooks Medicine Co. v. Jeffries

Supreme Court of Arkansas

Decided April 25, 1910PublishedCited by 5 opinions

Appeal from Franklin Circuit Court; Jeptha H. Evans, Judge; He who relies upon a contract has the burden of showing that the minds of the parties met in making it. 38 Mich. 159; 1 Mont. 363; 3 Pa. 573. Delivery is an essential element in the execution of a written contract. 5 Col.

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Appeal from Franklin Circuit Court; Jeptha H. Evans, Judge; He who relies upon a contract has the burden of showing that the minds of the parties met in making it. 38 Mich. 159; 1 Mont. 363; 3 Pa. 573. Delivery is an essential element in the execution of a written contract. 5 Col. App. 303; 117 111. 493; 52 N. Y. 570; 113 N. C. 442; 75 Va. 309. The parol evidence tending to impeach the contract sued on was erroneously admitted. 4 Ark. 179; 5 Ark. 672; 13 Ark. 593; 16 Ark. 511; 20 Ark. 293; 31 Ark. 411. Defendant will not be heard to say that he did not know what the contract contained. 71…

1Opinion of the CourtHart, J.

Wm. Brooks Medicine Company, of which Wm. Brooks was sole proprietor, sued I. F. Jeffries before a justice of the peace in Franklin County for a balance alleged to be due on account. The plaintiff recovered judgment for $76.50, and the defendant appealed to the circuit court. The case was there tried before a jury, which returned a verdict for plaintiff for $8.35. The court rendered judgment upon the verdict, and the plaintiff has appealed to this court.

The plaintiff was engaged in selling drugs, and one of his traveling salesmen solicited and procured a written order from the defendant for a…

2Cases cited2 opinions

  1. Barton-Parker Manufacturing Co. v. TaylorSupreme Court of Arkansas · 1906
  2. Main v. OliverSupreme Court of Arkansas · 1908

3Cited by5 opinions

  1. Cox v. SmithSupreme Court of Arkansas · 1911
  2. New Home Sewing Machine Co. v. WestmorelandSupreme Court of Arkansas · 1931
  3. Pictorial Review Company v. RosenSupreme Court of Arkansas · 1926
  4. Worthen v. StewartSupreme Court of Arkansas · 1915
  5. Standard Sewing Machine Co. v. RainwaterSupreme Court of Arkansas · 1920

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