Roach Wholesale Grocery Co. v. Dreyfus Bros.
Supreme Court of Arkansas
Appeal from Polk Circuit Court; J. T. Cowling. Judge; STATEMENT BY THE COURT. This action was commenced before a justice of the peace by the Roach Wholesale Grocery Company against Dreyfus Brothers, to recover damages alleged to have been sustained by the defendant’s failure to ship a certain bill of candies.
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Appeal from Polk Circuit Court; J. T. Cowling. Judge; STATEMENT BY THE COURT. This action was commenced before a justice of the peace by the Roach Wholesale Grocery Company against Dreyfus Brothers, to recover damages alleged to have been sustained by the defendant’s failure to ship a certain bill of candies. Upon appeal to the circuit court, the case was tried before a jury upon a state of facts substantially as follows: E. T. Roach testified: I was manager of the Roach Wholesale Grocery Company during the year 1911. Early in the summer of that year, M. Dreyfus, one of the Dreyfus Brothers,…
1Opinion of the Court
Hart, J.,
(after stating the facts). It was the contention of the plaintiff that the transaction between it and M. Dreyfus was a contract for the sale to it of candies by the defendants. On the other hand, it was the theory of the defendants that the transaction was an order, and did not amount to a sale until the order was accepted by them. The respective theories of the parties were submitted to the jury by the court on proper instructions.
It is the contention of counsel for plaintiff that the undisputed evidence shows that the transaction was a sale, and that therefore the court should have…
2Cases cited2 opinions
- Arkadelphia Lumber Co. v. HendersonSupreme Court of Arkansas · 1907
- Merchants' Grocery Co. v. Ladoga Canning Co.Supreme Court of Arkansas · 1909