Levy v. Sayle
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. J. A. Williams, Judge. The appellees, Sayle & Co., brought an action against the appellant, Levy, upon his note for $252.83, and upon an account amounting to $257.39. The answer of the appellant admits that he executed the note sued on and afterward purchased certain other goods and merchandise aggregating (including the note) $502, but states that the whole of said indebtedness was contracted under an agreement with the appellees by…
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APPEAL from Jefferson Circuit Court. J. A. Williams, Judge. The appellees, Sayle & Co., brought an action against the appellant, Levy, upon his note for $252.83, and upon an account amounting to $257.39. The answer of the appellant admits that he executed the note sued on and afterward purchased certain other goods and merchandise aggregating (including the note) $502, but states that the whole of said indebtedness was contracted under an agreement with the appellees by which they agreed to furnish him during the year 1885, goods and merchandise, upon his application, to the amount and value…
1Opinion of the CourtCockrill, C. J.
1. Mortgages: To secure future advances: recoupment. Where a mortgage is executed to'secure-to the mortgagee the price of goods thereafter to be furnished uPon ^e demand of the mortgagor, and the mortgagee violates his contract after it is partially performed, the rule governing the rights of the parties under the contract is fully and concisely stated by Judge Campbell, of Mississippi, in the following language : “We hold the contract evidenced by the deed of trust not to be an entire contract, but separable, and hence apportionable, so that the parties who furnished supplies, under it are…
2Cases cited1 opinion
- Coleman v. Galbreath, Stewart & Co.Mississippi Supreme Court · 1876
3Cited by1 opinion
- Less v. EnglishSupreme Court of Arkansas · 1905