W. T. Rawleigh Medical Co. v. Ellis
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; G. W. Smith, Judge; 1. The note sued on was given in settlement of an account for which appellee was liable. No payment nor fraud was shown. 129 Ark. 384. 2. The contract was for a sale of goods and is unambiguous. The sale was made in Illinois on orders. 126 Ark. 597; 129 Ark. 384. 3. The court erred in its instructions.
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Appeal from Ouachita Circuit Court; G. W. Smith, Judge; 1. The note sued on was given in settlement of an account for which appellee was liable. No payment nor fraud was shown. 129 Ark. 384. 2. The contract was for a sale of goods and is unambiguous. The sale was made in Illinois on orders. 126 Ark. 597; 129 Ark. 384. 3. The court erred in its instructions. Parol evidence was not admissible to vary the terms of a written instrument. 181 S. W. 273; 188 Id. 566; 190 Id. 564.; 182 Id. 106; 183 Id. 541. 4. Settlement of the account was a sufficient consideration for the execution of the note. 44…
1Opinion of the CourtSmith, J.
The parties to this litigation entered into the following contract:
“Whereas, E. P. Ellis, of Camden, Ark., desires to purchase of W. T. Rawleigh Medical Company, of Free-port, 111., on credit and at wholesale prices to sell again to consumers, medicines, extracts, spices, toilet articles, perfumes, polishes, stock dip and disinfectant, stock preparations and poultry -supplies and other goods manufactured and put up by it, paying his account for such goods in installments as hereinafter provided; therefore, he hereby agrees to sell no other goods than those sold him by said company, to sell…
2Cases cited3 opinions
- Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
- W. T. Rawleigh Medical Co. v. HolcombSupreme Court of Arkansas · 1917
- J. R. Watkins Medical Co. v. WilliamsSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Geerdes v. J. R. Watkins Co.Supreme Court of Minnesota · 1960
- W. T. Rawleigh Co. v. Van DuynIdaho Supreme Court · 1920
- W. T. Rawleigh Medical Co. v. RoseSupreme Court of Arkansas · 1918
- W. T. Rawleigh Co. v. BoydCourt of Appeals of Tennessee · 1926