Newlin v. Webb
Supreme Court of Arkansas
Appeal from Deslía Circuit Court; W. B. Sorrels, Judge; Tbe court erred in sustaining tbe demurrer to tbe cross-complaint.
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Appeal from Deslía Circuit Court; W. B. Sorrels, Judge; Tbe court erred in sustaining tbe demurrer to tbe cross-complaint. Plaintiff’s cause of action was not for tbe recovery of specific property only, but also to recover damages for tbe detention thereof. 135 Ark. 531. If tbe warranty alleged in tbe cross-complaint bad been made by tbe plaintiff, it merged into tbe written contract, and cannot be established by parol evidence tending to chang’e tbe written contract. 108 Ark. 255, 261; 94 Ark. 130; 24 Ark. 210; 25 Ark. 309; 30 Ark. 186; 67 Ark. 62; 80 Ark. 507; 83 Ark. 163; 86 Id. 162; 88…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action against appellant in the circuit court of Desha County to recover possession of five mules and for damages for detention in the sum of $35. It is alleged in the complaint that appellee sold the mules in controversy to appellant, and that the latter executed to the former a promissory note for the sum of $500 for the balance of the purchase price, and that in said note there was a stipulation that the title to the mules should remain in appellee until the note was paid in full. The note was exhibited with the complaint. Appellant filed an answer and…
2Cases cited5 opinions
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Smith v. GloverSupreme Court of Arkansas · 1918
- Ramsey v. CapshawSupreme Court of Arkansas · 1903
- Parrett Tractor Co. v. BrownfielSupreme Court of Arkansas · 1921
- Jones v. BlytheSupreme Court of Arkansas · 1919
3Cited by1 opinion
- Zurich General Accident & Liability Ins. v. SmithSupreme Court of Arkansas · 1945