Webster v. Goolsby
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Hay-nie, Judge; 1. There was no evidence upon which to base instruction No. 2, for plaintiff, submitting the question as to whether or not “plaintiff drew upon defendant for an amount not exceeding what was due him” upon the first three cars which were shipped.
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Appeal from Miller Circuit Court; George R. Hay-nie, Judge; 1. There was no evidence upon which to base instruction No. 2, for plaintiff, submitting the question as to whether or not “plaintiff drew upon defendant for an amount not exceeding what was due him” upon the first three cars which were shipped. This issue should not have been submitted for the further reason that the contract, as shown by the agreement and stipulation of counsel, expressly provided that invoices and bills of lading should be mailed to "Webster, and Goolsby had no right to make drafts under his contract. Goolsby…
1Opinion of the CourtSmith, J.
This suit was commenced by appellee in the court of a justice of the peace to recover a balance alleged to be due upon three cars of lumber shipped to appellant by appellee. The contract of sale was evidenced by a writing, the material portions of which are as follows :
“Potts Camp, Miss., Aug. 12,1913.
“To John M. Goolsby, Myrtle, Miss.:
“Fifty M. Ft. ash lumber at prices named F. O. B 15c rate to Evansville, Ind., for immediate shipment. (Dimensions described.)
“Mr. Goolsby agrees to ship this stock and guarantee the inspection. National lumber rules to govern the inspection. In case of…
2Cases cited1 opinion
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