Colyar v. Little Rock Bottling Works
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulh, Judge; STATEMENT BY THE COURT. Appellants sued appellees alleging they were partners engaged in business in the city of Little Rock, manufacturing and selling soda pop and kindred articles; that plaintiff and her husband sell soft drinks in said city, and that about October 21,1913, they bought from the defendants a case of their goods, and after same was delivered at her place of business, she lifted one of the…
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulh, Judge; STATEMENT BY THE COURT. Appellants sued appellees alleging they were partners engaged in business in the city of Little Rock, manufacturing and selling soda pop and kindred articles; that plaintiff and her husband sell soft drinks in said city, and that about October 21,1913, they bought from the defendants a case of their goods, and after same was delivered at her place of business, she lifted one of the bottles from the case, and was carrying it to the ice box, and, while so doing, in the exercise of due care, the said…
1Opinion of the Court
Smith, J.,
(after stating the facts). It is urged there can be no recovery here because of the lack of privity between appellant and appellees, and the ease of Nelson v. Armour, 76 Ark. 352, is cited to sustain that position. The facts in that case were that plaintiff had purchased from a dealer a can of lunch tongue, which the dealer had purchased from the Armour Packing Company, the defendant, and the court held in that ease that a demurrer to the complaint was properly sustained, because there is no privity of contract between the vendor in one sale and the vendees of the-same property in…
2Cases cited2 opinions
- Nelson v. Armour Packing Co.Supreme Court of Arkansas · 1905
- O'Neill v. JamesMichigan Supreme Court · 1904
3Cited by17 opinions
- MacRes v. Coca-Cola Bottling Co.Michigan Supreme Court · 1939
- St. Louis Southwestern Railway Company v. JacksonSupreme Court of Arkansas · 1967
- Coca-Cola Bottling Co. of Fort Smith v. HicksSupreme Court of Arkansas · 1949
- Delta Oxygen Co. v. ScottSupreme Court of Arkansas · 1964
- Drury v. Armour & Co.Supreme Court of Arkansas · 1919
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