Southern Produce Co. v. Oteri
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. In charging the jury as to the general custom, the court’s instruction is not responsive to the issues. The instruction also errs in declaring the law to be that plaintiffs were obliged to properly load and ship bananas “in a condition to stand shipment to Texarkana within a reasonable time,” etc. That is not the test.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. In charging the jury as to the general custom, the court’s instruction is not responsive to the issues. The instruction also errs in declaring the law to be that plaintiffs were obliged to properly load and ship bananas “in a condition to stand shipment to Texarkana within a reasonable time,” etc. That is not the test. The implied warranty was that the fruit loaded would be in such condition as to'stand the transit by the means selected and arrive in Texarkana in a merchantable condition there, its destination. 77 Ark. 546. 2. The…
1Opinion of the CourtFrauEnthau, J.
This was an action instituted by the plaintiffs below, S. Oteri & Company, against the Southern Produce Company, to recover upon an alleged breach of a contract of sale of one car of bananas which plaintiffs claimed to have sold to defendants. The plaintiffs are wholesale fruit merchants and banana importers, located at New Orleans, La., and the de-fendants are wholesale merchants, located at' Texarkana, Ark. On January 22, 1908, the defendants, through a broker at Texarkana, sent a telegraphic order to plaintiffs for one.car of bananas to be shipped to Texarkana by quickest way, and on the…
2Cases cited8 opinions
- Bunch v. WeilSupreme Court of Arkansas · 1904
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Berger v. StateSupreme Court of Arkansas · 1887
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hydrotex Industries v. FloydSupreme Court of Arkansas · 1946
- Metal Furniture Co. v. GossSupreme Court of Arkansas · 1923
- Fruit Dispatch Co. v. C. C. Taft Co.Supreme Court of Iowa · 1924
- Myers v. Malone & Hyde, Inc.Court of Appeals for the Eighth Circuit · 1949