Capitol Food Co. v. Mode
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; 1. The contract was in writing, plain in its terms, and oral evidence was not admissible to add to or vary it. 102 Ark. 326; lb. 515. 2. Delivery to the carrier for shipment is delivery to the consignee. 24 A. & E. Ene. L. (2 ed.), 1071; 83 Ark. 426; 98 Id. 495; 76 Id. 371. 3. The right to rescind must be done promptly.
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Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; 1. The contract was in writing, plain in its terms, and oral evidence was not admissible to add to or vary it. 102 Ark. 326; lb. 515. 2. Delivery to the carrier for shipment is delivery to the consignee. 24 A. & E. Ene. L. (2 ed.), 1071; 83 Ark. 426; 98 Id. 495; 76 Id. 371. 3. The right to rescind must be done promptly. If the contract is entire the vendee must rescind the contract as a whole, and put the vendor in statu quo. 24 A. & E. Ene. L. (2 ed.), 1105-1111; 38 Arfe 351; 4 Id. 467; 5 Id. 395; 38 Id. 334. 1. The terms and…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, The Capitol Food Company, was engaged in the business of manufacturing and selling stock remedies at Tiffin, Ohio, and through its traveling salesman sold a bill of goods, upon written order, to defendants Mode & Clayton, merchants at Conway, Arkansas, and this is an action instituted to recover the sum of $866.68 alleged to be due as balance on the account.
The goods were duly shipped to defendants as per the written order and accepted by the latter after some further correspondence between the parties; but the defendants allege in their answer that the goods were sold on condition…
2Cases cited5 opinions
- Feldman v. FoxSupreme Court of Arkansas · 1914
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Zearing v. Crawford, McGregor & Camby Co.Supreme Court of Arkansas · 1912
- Ford v. FixSupreme Court of Arkansas · 1914
- Main v. JarrettSupreme Court of Arkansas · 1907
3Cited by5 opinions
- Pleasant v. Arizona Storage & Distributing Co.Arizona Supreme Court · 1928
- Weaver v. Emerson-Brantingham Implement Co.Supreme Court of Arkansas · 1920
- H. R. Wyllie China Co. v. VintonOregon Supreme Court · 1920
- United States Express Co. v. Rea & Co.Supreme Court of Arkansas · 1915
- Berger v. Jonesboro Motor Co.Supreme Court of Arkansas · 1921