Curtis & Co. Manufacturing v. Williams
Supreme Court of Arkansas
APPEAL from Clay Circuit Court. Hon. W. H. Cate, Judge. The court erred in refusing to give instructions asked by defendant. A purchaser takes the risk of the quality of an article sold, unless there be fraud or warranty, and in the sale of chattels, while there is an implied warranty of title, there is none of quality. (45 Ark., 2847) Mere representation is not warranty, the relation of buyer and seller not being a confidential one.
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APPEAL from Clay Circuit Court. Hon. W. H. Cate, Judge. The court erred in refusing to give instructions asked by defendant. A purchaser takes the risk of the quality of an article sold, unless there be fraud or warranty, and in the sale of chattels, while there is an implied warranty of title, there is none of quality. (45 Ark., 2847) Mere representation is not warranty, the relation of buyer and seller not being a confidential one. The representations are not alleged to have been made fraudulently, and there is no-proof of even false representations. If made as alleged,, they are not…
1Opinion of the CourtSmith, J.
The complaint alleges, in brief, that appellee, at the request of appellant, purchased from it a pair of trucks and eight tram-car wheels, manufactured by appellant. That appellant represented the same to be good, both in quality and workmanship, and that said truck and tram-car wheels were not good, both in quality and workmanship, but were defective and became useless to appellee, to his damage in the sum of one hundred and ten dollars.
The answer admits the sale of the trucks and tram-car wheels, but denies that appellant represented the same to be good, either in quality or workmanship,…
2Cases cited1 opinion
- State ex rel. Peters v. McCollisterOhio Supreme Court · 1841
3Cited by7 opinions
- Main v. DearingSupreme Court of Arkansas · 1905
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- Dyke v. MagdalenaSupreme Court of Arkansas · 1926
- Kull v. NobleSupreme Court of Arkansas · 1928
- Berg v. Rapid Motor Vehicle Co.Supreme Court of New Jersey · 1910
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