Legal Opinion

O. L. Gregory Vinegar Co. v. National Fruit Canning Co.

Supreme Court of Arkansas

Decided January 26, 1925PublishedCited by 4 opinions

1Opinion of the Court

There is no warranty of the fitness of goods, express or implied, if the goods are inspected by the buyer, or if he has an opportunity to inspect the same and fails to do so, unless he is fraudulently imposed upon. 35 Cyc. 410 and cases cited in notes. This court has adopted that rule. 74 Ark. 144 and authorities cited.

Where a known defined article is ordered of a manufacturer, and he furnishes such article, there is no implied warranty. Here the commodity purchased was well known, and was defined in the contract, the method of manufacture described. 35 Cyc. 403. Appellee is a corporation…

2Cases cited4 opinions

  1. Coats v. MilnerSupreme Court of Arkansas · 1918
  2. Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
  3. Smith v. GloverSupreme Court of Arkansas · 1918
  4. National Cotton Oil Co. v. YoungSupreme Court of Arkansas · 1905

3Cited by4 opinions

  1. Price Brothers Lithographic Co. v. American Pack. Co.Supreme Court of Missouri · 1964
  2. Missouri Pacific Transportation Co. v. WilliamsSupreme Court of Arkansas · 1937
  3. Missouri Paint & Varnish Co. v. MerckSupreme Court of Arkansas · 1926
  4. O. L. Gregory Vinegar Co. v. National Fruit Canning Co.Supreme Court of Arkansas · 1927

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