Martin v. Houck Music Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; Mrs. Ida E. Martin was the owner of a piano which the Houck Music Company undertook to repair for the sum of $135, The work on the piano was finished in September, 1901, and Mrs, Martin was notified. Mrs. Martin desired to make the payment in monthly installments, and she offered to pay $25 in cash and the remainder in monthly installments.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; Mrs. Ida E. Martin was the owner of a piano which the Houck Music Company undertook to repair for the sum of $135, The work on the piano was finished in September, 1901, and Mrs, Martin was notified. Mrs. Martin desired to make the payment in monthly installments, and she offered to pay $25 in cash and the remainder in monthly installments. The company declined' to accept this, and insisted that the amount charged should be paid in cash. As Mrs. Martin was under the impression that she should be allowed to make the payment in…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action to recover damages for injury to and conversion of a piano. The facts in short are that plaintiff was the owner of a piano which defendant undertook to repair, and for which defendant was to be paid $135. But there was a misunderstanding as to the manner in which this sum was to be paid. The plaintiff, Mrs. Martin, understood that it was to be paid in monthly installments, and she offered to pay it in that way, and asked that the piano be returned to her on those terms. But the company insisted that the full amount was due, and it…
2Cases cited1 opinion
- Hamilton v. McLaughlinMassachusetts Supreme Judicial Court · 1887
3Cited by2 opinions
- Budget Tire & Supply Co. v. First National Bank of Fort SmithCourt of Appeals of Arkansas · 1996
- Lawson v. MadarCourt of Appeals of Arkansas · 2001