E. A. Lange Medical Co. v. Johnson
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The contract was unambiguous and the goods were sold to Johnson outright. The evidence is conclusive of a sale. 168 S. W. 290; 182 Mo. App. 140; 180 S. W. 21; 163 Id. 662; 115 Ark. 166; 124 Id. 539; 166 S. W. 162; 126 Ark. 597. 2. The court erred in its instructions to the jury.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The contract was unambiguous and the goods were sold to Johnson outright. The evidence is conclusive of a sale. 168 S. W. 290; 182 Mo. App. 140; 180 S. W. 21; 163 Id. 662; 115 Ark. 166; 124 Id. 539; 166 S. W. 162; 126 Ark. 597. 2. The court erred in its instructions to the jury. Cases supra. 1. The jury found that the contract was one of agency, and the evidence supports the verdict. 187 S. W. 653. The contract was ambiguous. 4 Mass. 205. 2. There is no error in the instructions. No objections were made to any of…
1Opinion of the CourtSmith, J.
This litigation arose out of a bond executed by appellees to guarantee the performance of the following contract:
“This agreement, made this 22d day of November, A. D. 1913, at De Pere, Wisconsin.
“Witnesseth, that whereas, James C. Johnson of Little Rock, Arkansas, desires to purchase of the A. E. Lange Medical Company of De Pere, Wisconsin, on credit and at salesman’s wholesale prices, to sell again on his own account to consumers in the following territory, excepting the incorporated municipalities located therein, Pulaski County, State of Arkansas, its medicines, extracts, .spices, soaps,…
2Cases cited2 opinions
- Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
- W. T. Rawleigh Medical Co. v. HolcombSupreme Court of Arkansas · 1917
3Cited by4 opinions
- Malcolm v. American Service Co.West Virginia Supreme Court · 1937
- J. R. Watkins Medical Co. v. HogueSupreme Court of Arkansas · 1919
- Balasquide v. Guilhon & BarthelemySupreme Court of Puerto Rico · 1942
- Balasquide v. Guilhon & BarthelemySupreme Court of Puerto Rico · 1942