American Jobbing Ass'n v. Wesson
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Frank Smith, Judge; When the letter of February 22, 1906, -was deposited in the postoffice, appellant became the owner of the old jewelry, and appellee then owed appellant the balance, $116.37. Appellee was not prejudiced by the shipment back to her of the old jewelry— she. still owed the balance stated and no more. The contract was not thereby rescinded.
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Appeal from Mississippi Circuit Court; Frank Smith, Judge; When the letter of February 22, 1906, -was deposited in the postoffice, appellant became the owner of the old jewelry, and appellee then owed appellant the balance, $116.37. Appellee was not prejudiced by the shipment back to her of the old jewelry— she. still owed the balance stated and no more. The contract was not thereby rescinded. She was then the owner of the new jewelry, and owed the balance. 32 N. E. 411; 92 Pac. 1087; 154 Fed. 826; 108 Fed. 179; 9 Cyc. 635.
1Opinion of the CourtHart, J.
This suit was instituted by the American Jobbing Association against Mrs. E. V. Wesson, doing business under the name of the Evadale Grocery Company, to recover the sum of $115.92 alleged to be due- on a contract for the sale of jewelry. - ■ :
The court, sitting as a jury, made the following finding of fact: “In this case the court finds the fact to be that the plaintiff failed to comply with the terms and conditions of contract and sale upon which it sued, and that the defendant, by reason of such breach upon the part of plaintiff, was released from liability thereunder.”
Accordingly, judgment…
2Cases cited2 opinions
- Gottlieb v. RinaldoSupreme Court of Arkansas · 1906
- Cochran v. Chetopa Mill & Elevator Co.Supreme Court of Arkansas · 1908
3Cited by3 opinions
- Myers v. COUNCIL MANUFACTURING CORPORATIONDistrict Court, W.D. Arkansas · 1967
- Isbell-Brown Co. v. Stevens Grocer Co.Supreme Court of Arkansas · 1915
- N. P. Sloan Co. v. BarhamSupreme Court of Arkansas · 1919