Brockman Commission & Cold Storage Co. v. Pound
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; E. W. WinpiEed, Judge; STATEMENT BY THE COURT. This was an action commenced before a justice of the peace in Pulaski County by Eli Dante against appellant, Brockman Commission & Cold Storage Company, to recover the price of thirty-one dozen chickens shipped by jplaintiff from Danville, Ark., to the defendant at Tittle Rock.
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Appeal from Pulaski Circuit Court; E. W. WinpiEed, Judge; STATEMENT BY THE COURT. This was an action commenced before a justice of the peace in Pulaski County by Eli Dante against appellant, Brockman Commission & Cold Storage Company, to recover the price of thirty-one dozen chickens shipped by jplaintiff from Danville, Ark., to the defendant at Tittle Rock. Defendant sold the chickens at $1 per dozen, and rendered an account to plaintiff with checks for the amount, less commission of 5 per cent. The plaintiff refused to accept the amount offered, and sued for a higher price. When the case…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) This controversy grew out of a dispute between the parties as to the character of the contract under which the chickens were shipped, Dante contending that he shipped them under a contract of sale, and appellants contending that the chickens were to be shipped for sale on commission. Appellee introduced testimony tending to show that appellant’s traveling solicitor and authorized agent entered into a contract with Dante at Danville whereby he agreed for appellant to purchase from Dante chickens to be shipped to Eittle Rock to be paid for by appellant…
2Cases cited4 opinions
- Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886
- Liddell v. SahlineSupreme Court of Arkansas · 1891
- Jacoway v. Insurance Co.Supreme Court of Arkansas · 1887
- Jacobson v. PoindexterSupreme Court of Arkansas · 1883
3Cited by2 opinions
- Bradley Advertising, Inc. v. Froug Stores, Inc.Supreme Court of Arkansas · 1937
- Tiger Bros. & Levine Mercantile Co. v. GriffinSupreme Court of Arkansas · 1922