Southern Cotton Oil Co. v. Frauenthal
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; statement oe eaots. The Southern Cotton Oil Company brought this suit against Henry Frauenthal to recover $300 damages for his refusal to deliver to it 100 tons of cotton seed which it had purchased from him. F. M. Hunt was the agent of the Southern Cotton Oil Company.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; statement oe eaots. The Southern Cotton Oil Company brought this suit against Henry Frauenthal to recover $300 damages for his refusal to deliver to it 100 tons of cotton seed which it had purchased from him. F. M. Hunt was the agent of the Southern Cotton Oil Company. According to his testimony, he had had a conversation with Henry Frauenthal and had purchased from him 100 tons of cotton seed at $37 per ton. The parties discussed the question of weights. Frauenthal claimed that he should be allowed to draw for the…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for the plaintiff seeks to reverse the judgment on the ground that the two telegrams constituted a binding contract of sale of the cotton seed, and that Frauenthal refused to ■ carry out the contract on his part to the damage of the' plaintiff in the sum of $300.
It is true, as contended by counsel for the plaintiff, that a binding contract of sale may be entered into by letters and telegrams, and that an acceptance by letter or telegram of an unconditional offer made in the same manner will constitute an obligatory contract. Allen v. Nothern, 121 Ark. 150,…
2Cases cited2 opinions
- J. I. Case Threshing Machine Co. v. Southwestern Veneer Co.Supreme Court of Arkansas · 1918
- Allen v. NothernSupreme Court of Arkansas · 1915
3Cited by6 opinions
- Blodgett Construction Co. v. Watkins Lumber Co.Supreme Court of Arkansas · 1923
- Malco Theatres, Inc. v. BoswellSupreme Court of Arkansas · 1947
- Reliance Bagging Co. v. Electric Gin Co.Supreme Court of Arkansas · 1945
- Tucker Duck & Rubber Co. v. ByramSupreme Court of Arkansas · 1944
- Little Rock Lumber & Manufacturing Co. v. Boynton & Co.Supreme Court of Arkansas · 1921
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