Courtesy Flour Co. v. Westbrook
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court} W. B, Sorrells, Judge; 1. The question presented is, did appellant waive its right to the warranty of soundness of two cars of meal by trying to dispose of same, or was it compelled to elect whether it would rescind the sale, or keep the meal and sue for damages for the meal purchased for resale and human consumption, and upon inspection found to be unsound for the purpose intended % The court’s instructions were erroneous.
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Appeal from Jefferson Circuit Court} W. B, Sorrells, Judge; 1. The question presented is, did appellant waive its right to the warranty of soundness of two cars of meal by trying to dispose of same, or was it compelled to elect whether it would rescind the sale, or keep the meal and sue for damages for the meal purchased for resale and human consumption, and upon inspection found to be unsound for the purpose intended % The court’s instructions were erroneous. Appellant, having paid for the two cars of meal, had the right to retain it after ascertaining- the bad condition thereof and sue for…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover damages resulting from the breach of an alleged contract for the sale of two car loads of meal. Appellee was engaged in the grain and milling business in Pine Bluff and sold two car loads of meal to appellant, a dealer in Vicksburg, the two car loads being sold separately f. o. b. Pine Bluff and shipped under bills of lading to the shipper’s order and attached to drafts drawn by appellee on appellant. The sales were made through a broker in Vicksburg, and the drafts to which the bills of lading were attached permitted inspection by the purchaser before acceptance.…
2Cases cited13 opinions
- McCormick Harvesting Machine Co. v. ChesrownSupreme Court of Minnesota · 1884
- Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
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- Hazen v. WilhelmieNebraska Supreme Court · 1903
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