Goldsmith Bros. v. Moore
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. This was an action instituted in the chancery court, by Goldsmith Bros. Smelting & ■ Refining Company against D. L. Moore aud Mrs. Duncan L. Moore, his-wife. The complaint alleges that the plaintiff sold and delivered to the defendant, D. L. Moore, a bill of goods upon the faith of a letter written to it by his wife, which is set out in the complaint.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. This was an action instituted in the chancery court, by Goldsmith Bros. Smelting & ■ Refining Company against D. L. Moore aud Mrs. Duncan L. Moore, his-wife. The complaint alleges that the plaintiff sold and delivered to the defendant, D. L. Moore, a bill of goods upon the faith of a letter written to it by his wife, which is set out in the complaint. The letter is as follows: “Little Rock, Ark., September 8, 1911. “Goldsmith Bros. Smelting & Refining Company, Hey-worth Building, Chicago, 111.…
1Opinion of the Court
Hart, J.,
(after stating the facts). There is no direct and explicit averment in the complaint that the contract for the sale of the goods was for the use and benefit of Mrs. Duncan L. Moore or for the use and benefit of her separate property. Moreover, the letter set out in the statement of facts was made a part • of the complaint and thus became a part of the record. It was the foundation of the action and will control the general allegations of the complaint. American Freehold Land Mortgage Co. v. McManus, 68 Ark. 263; Beavers v. Baucum, 33 Ark. 722; Buckner & Co. v. Davis & Wife, 29 Ark.…
2Cases cited8 opinions
- American Freehold Land Mortgage Co. v. McManusSupreme Court of Arkansas · 1900
- Bell v. PeltSupreme Court of Arkansas · 1888
- Beavers v. BaucumSupreme Court of Arkansas · 1878
- Sidway v. NicholSupreme Court of Arkansas · 1896
- Buckner & Co. v. DavisSupreme Court of Arkansas · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Blasingame v. LoudermilkSupreme Court of Arkansas · 1918
- Chittim v. Armour & Co.Supreme Court of Arkansas · 1916
- Cooper v. BurelSupreme Court of Arkansas · 1917