American Standard Jewelry Co. v. Hill
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The motion for continuance was not verified, and it was 'error to require appellant to admit the testimony of Hill or submit to a continuance. Kirby’s Digest, § 6173. 2. The contract is severable, and the 6th instruction requested by appellant should have been given. 88 S. W. 842. 3. No warranty is implied where goods are sold by sample, except that they shall be equal in quality to the sample.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The motion for continuance was not verified, and it was 'error to require appellant to admit the testimony of Hill or submit to a continuance. Kirby’s Digest, § 6173. 2. The contract is severable, and the 6th instruction requested by appellant should have been given. 88 S. W. 842. 3. No warranty is implied where goods are sold by sample, except that they shall be equal in quality to the sample. The burden was on appellees, and their 2d requested instruction should not have been given, il Enc. of Ev. 526; 68 S. W. 594; 83 S. W. 230. 1.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, American Standard Jewelry Company, instituted this action at law against R. J. Hill & Son to recover the price of a lot of jewelry sold and delivered to them under written contract.
The contract, after setting forth an itemized list of the articles sold, giving separate prices of kind, aggregating the total sum of $180, contains the following clauses:
“Warranty. Any article of jewelry shipped by us, which fails to give entire satisfaction any time within five years from date of purchase, must be returned to us, and we will repair or furnish a new duplicate article in its place.
“Go…
2Cases cited2 opinions
- Main v. DearingSupreme Court of Arkansas · 1905
- Duffie v. PrattSupreme Court of Arkansas · 1905
3Cited by9 opinions
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- S. F. Bowser & Co. v. KilgoreSupreme Court of Arkansas · 1911
- Iowa City State Bank v. BiggadikeSupreme Court of Arkansas · 1917
- Harrison v. Morgan-Curry Co.Supreme Court of Arkansas · 1914
- Miles F. Bixler Co. v. J. K. Hall Lumber Co.Supreme Court of Arkansas · 1918
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