French & American Importing Co. v. Belleville Drug Co.
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Danville District. William B. Moose, Judge. The French & American Importing Company sued the Belle-ville Drug Company oh a contract for the sale of merchandise amounting to $69.93. Defendant filed an answer containing three paragraphs, as follows: “1. Comes the defendant, the Belleville Drug Company, and * * * says that the signature of the Belleville Drug Company •to the order sued on in this action was obtained by fraud, in that the agent…
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Appeal from Yell Circuit Court, Danville District. William B. Moose, Judge. The French & American Importing Company sued the Belle-ville Drug Company oh a contract for the sale of merchandise amounting to $69.93. Defendant filed an answer containing three paragraphs, as follows: “1. Comes the defendant, the Belleville Drug Company, and * * * says that the signature of the Belleville Drug Company •to the order sued on in this action was obtained by fraud, in that the agent making the sale of the goods mentioned in said order, by way of inducement to the procurement of said signature of said…
1Opinion of the CourtBattle, J.
The demurrer to defendant’s answer was properly overruled. The answer, if true, shows that the contract and order for goods, sued on, were procured by false representations knowingly made by plaintiff to defendant as to a material fact, with intent to mislead; and that it did mislead it to its injury. The. misrepresentation was that the plaintiff had not sold any goods of the class contracted for by defendant to any one in the town of Belleville, before the contract sued on was made, when in fact it had already done so. This was one of the material inducements that led to the making of the…
2Cited by4 opinions
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