J. I. Case Threshing Machine Co. v. Bailey
Supreme Court of Arkansas
Appeal from Faulkner Chancery -Court; Jeremiah G. Wallace, Chancellor; Any statements made by the agent who made the sale contrary to the written contract would not be binding on the vendor. 76 Ark. 177. The maxim “caveat emptor” applies, and the defendants are liable for that part of the price remaining unpaid. 38 Ark. 351; 1 Id. 31; 6 Id. 513; 31 Id. 170. The purchaser is estopped from alleging that the vendor made misrepresentations. 125 U. S. 247; 135 Id. 609; 31 Ark.…
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Appeal from Faulkner Chancery -Court; Jeremiah G. Wallace, Chancellor; Any statements made by the agent who made the sale contrary to the written contract would not be binding on the vendor. 76 Ark. 177. The maxim “caveat emptor” applies, and the defendants are liable for that part of the price remaining unpaid. 38 Ark. 351; 1 Id. 31; 6 Id. 513; 31 Id. 170. The purchaser is estopped from alleging that the vendor made misrepresentations. 125 U. S. 247; 135 Id. 609; 31 Ark. 170; 74 Id. 144. Where the vendor refuses to warrant, there is no implied warranty of quality. 70 Ark. 177; 84 Id. 349.…
1Opinion of the CourtBattle, J.
On the second day of February, 1904, J. C. Bailey and B. D. Woodward sent a written order or request to J. I. Case Threshing Machine Company, in which they asked the company to ship to them at Conway, or other convenient station, in Arkansas, in care of the company, “one 15-horse power simple engine, traction, burning No. six, and the fixtures now with the engine, center crank; also for the above ordered machinery 60 feet 10-inch rubber belt.” They agreed to pay the freight and charges on the machinery, and to pay therefor $825, in installments of $275, one on the first day of October, 1904]…
2Cases cited4 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Gaty v. HolcombSupreme Court of Arkansas · 1884
- James & Co. v. Bocage & Co.Supreme Court of Arkansas · 1885
3Cited by4 opinions
- Yellow Jacket Mining Co. v. TegardenSupreme Court of Arkansas · 1912
- Spencer Lumber Co. v. DoverSupreme Court of Arkansas · 1911
- Thielman v. ReinschSupreme Court of Arkansas · 1912
- Old City Iron Works v. BelmontSupreme Court of Arkansas · 1928