Moore v. Camden Marble & Granite Works
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; Charles W. Smith, Judge; If plaintiff's contention be correct, it sold defendant a tombstone. The tombstone, until it was completed' and delivered to defendant, remained the exclusive property of plaintiff.
Read the full summary
Appeal from Ouachita Circuit Court; Charles W. Smith, Judge; If plaintiff's contention be correct, it sold defendant a tombstone. The tombstone, until it was completed' and delivered to defendant, remained the exclusive property of plaintiff. It was such a contract as that a chattel was ultimately to be delivered, and, being oral, it falls within the statute of frauds. 1 B. & S. 272; 51 N. H. 94; 33 U. C. Q. B. 442; 87 S. W. 61. A contract for the delivery of an article which it requires skill and labor to produce does not fall within the statute. Lawson on Contracts, 94; 8 Am. & Eng. Enc.…
1Opinion of the CourtMcCulloch, J.
Appellant gave a verbal order to appellee for a tombstone to be made and set up in the burial ground, but refused to accept it when complete and ready for delivery. In-this action against him brought by appellee to recover $40, the agreed price of the tombstone, he pleads the statute of frauds, Kirby’s Digest, § 3656.
The sole question for our determination is, whether the contract in question was one for the sale of goods, wares and merchandise, and therefore within the statute of frauds, or one for work and labor to be done and materials to be furnished, which is not within the statute.
In…
2Cases cited11 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Cason v. Thomas Cheely & Co.Supreme Court of Georgia · 1849
- Meincke v. FalkWisconsin Supreme Court · 1882
- Higgins v. . MurrayNew York Court of Appeals · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Arkansas Lumber & Contractors' Supply Co. v. BensonSupreme Court of Arkansas · 1909
- Bauscher v. GiesMichigan Supreme Court · 1910
- Bond v. BourkSupreme Court of Colorado · 1912
- Carrollton Monument Co. v. GearyMissouri Court of Appeals · 1922
- Williams v. MooreSupreme Court of Arkansas · 1915