H. J. Heinz Company v. Duke

Appellant, Heinz Company, is a Pennsylvania corporation, not authorized to do business in Arkansas. Appellant, Hollis E. Luck, operates Luck’s Tourist Camp about one mile south of Hope, in Hemp-stead county, Arkansas, and, in connection with his camp, operates a cafe. Appellee, Roy L. Duke, lives at Prescott, Nevada county, Arkansas, and is an automobile salesman for De Lamar Chevrolet Company.

On November 2, 1937, between four and five o’clock in the afternoon, Duke ate a portion of a can of Heinz chili at Luck’s said tourist camp in Hope. Mrs. Lucille Luck, an old friend of Duke’s, served…