J. S. Elder Grocery Co. v. Applegate
Supreme Court of Arkansas
Appeal from Benton Circuit Court; W. A. Dickson, Judge; STATEMENT OP PACTS. Appellee instituted this action in the circuit court against appellants to recover damages in the sum of $106 for an alleged breach of warranty in the sale to him by appellants of eleven bushels of peas for the purpose of planting. J. E. Applegate, the appellee, was a witness for himself.
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Appeal from Benton Circuit Court; W. A. Dickson, Judge; STATEMENT OP PACTS. Appellee instituted this action in the circuit court against appellants to recover damages in the sum of $106 for an alleged breach of warranty in the sale to him by appellants of eleven bushels of peas for the purpose of planting. J. E. Applegate, the appellee, was a witness for himself. According to his testimony he was engaged in farming near Rogers, Arkansas, during the year 1920. In the early part of April of that year he bought from the J. S. Elder Grocery Company eleven bushels of peas of the California…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for appellants urge as error the admission of certain testimony before the jury given by appellee. Appellee was permitted to testify that he planted some soy beans about the 21st of April, 1920, and they made a good crop. He was also permitted to testify that he sowed Whippoorwill peas about the 10th of May, 1920, and made a pretty good crop of. them.
Counsel for appellee claims that this testimony was competent to show that appellee had properly prepared his ground and planted the seeds in due season. He contends that the fact that they grew in the same soil…
2Cases cited2 opinions
- Kefauver v. PriceSupreme Court of Arkansas · 1918
- Totten v. StevensonSouth Dakota Supreme Court · 1912
3Cited by7 opinions
- Carter v. QuickSupreme Court of Arkansas · 1978
- Associated Seed Growers, Inc. v. JohnsonSupreme Court of Arkansas · 1957
- Bullington v. PalangioSupreme Court of Arkansas · 2001
- Gray v. Gurney Seed & Nursery Co.South Dakota Supreme Court · 1933
- Collier Commission Company v. Redwine BrothersSupreme Court of Arkansas · 1925
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