American Can Co. v. White
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Bene H. Coleman, Judge; 1. The contract wals one of conditional sale. The word “lease” used therein does not change the legal effect of the instrument. Williston on Sales, 526, § 336; 120 Fed. 64; 58 Am. Dec. 767; 89 Am. Dec. 124; 95 Am. Dec. 455; 79 Am.
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Appeal from Jackson Circuit Court; Bene H. Coleman, Judge; 1. The contract wals one of conditional sale. The word “lease” used therein does not change the legal effect of the instrument. Williston on Sales, 526, § 336; 120 Fed. 64; 58 Am. Dec. 767; 89 Am. Dec. 124; 95 Am. Dec. 455; 79 Am. St. 41; Mechem on Sales, § § 569, 57Ó; Tiffany on Sales (2 ed.), 134. 2. Upon default in the payments appellant had the right either to bring replevin for the property, or to affirm the sale and sue for the purchase money. 88 Ark. 99; 100 Ark. 403; 175 S. W. 516. Having elected to sue for the purchase money,…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1-2) The court erred in construing the contract as a lease. Although the contract recites, “I, P. S. White, do hereby agree to lease,” etc., and although the appellee is designated in the body of the contract as the “lessee,” nevertheless the language which states the reciprocal duties and obligations and the respective rights of the parties shows that it was their intention to enter into a contract to sell on certain conditions, hut not to lease. The contract must be construed as a whole and the intention of the parties gathered from the use of the…
2Cases cited6 opinions
- Miller v. SteenCalifornia Supreme Court · 1866
- Stephens v. ShannonSupreme Court of Arkansas · 1884
- Hollenberg Music Co. v. BarronSupreme Court of Arkansas · 1911
- Fox v. Arkansas Industrial Co.Supreme Court of Arkansas · 1889
- Bell v. OldSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Silverstin v. Kohler & ChaseCalifornia Supreme Court · 1919
- Moran v. Kenai Towing and Salvage, Inc.Alaska Supreme Court · 1974