American Soda Fountain Co. v. Battle
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant sued appellees, Battle and Waddle, upon six notes for $26 each and for $65, a balance of an amount agreed to be paid in cash, all being a part of the consideration for a certain soda water apparatus and appurtenances sold by appellant to appellee.
Read the full summary
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant sued appellees, Battle and Waddle, upon six notes for $26 each and for $65, a balance of an amount agreed to be paid in cash, all being a part of the consideration for a certain soda water apparatus and appurtenances sold by appellant to appellee. The contract of sale provided that the purchaser should sign notes, maturing as set forth in the contract to protect its title to said apparatus against all third parties under the laws of this State. Pursuant to this contract of sale, appellees executed…
1Opinion of the Court
Hart, J.,
(after stating the facts.) The question of jurisdiction first presents itself for our consideration.
Appellant contends that this is settled in its favor by the decision in the case, of State v. Scoggin, 10 Ark. 327. That case was an action for breaches of covenants of a bond. The State elected to wait until the breaches assigned were sufficient in amount to confer jurisdiction upon the circuit court, and that case is not like the present case. Nor does this case come within the rule announced in the case of Friend v. Smith Gin Co., 59 Ark. 86. That was a suit for breach of a contract…
2Cases cited5 opinions
- Friend v. Smith Gin Co.Supreme Court of Arkansas · 1894
- Brooks v. HornbergerSupreme Court of Arkansas · 1906
- Hightower v. Handlin & VenneysSupreme Court of Arkansas · 1871
- Smith v. DavisSupreme Court of Arkansas · 1907
- Cary v. DuckerSupreme Court of Arkansas · 1889
3Cited by14 opinions
- Price v. Madison County BankSupreme Court of Arkansas · 1909
- Hodges v. SmithSupreme Court of Arkansas · 1927
- Schaap v. First National BankSupreme Court of Arkansas · 1918
- Winer v. Bank of BlythevilleSupreme Court of Arkansas · 1909
- Burkhart v. GowinSupreme Court of Florida · 1923
9 more not listed; retrieve them via the Exa API.