Florence Cotton Oil Co. v. Anglin
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; Under the circumstances of the case, it was error to hold that as a matter of law the sale was illegal. Appellant had in good faith done all it could do under the circumstances, had perpetrated no fraud, and the purchaser in effect waived the question of the tags.
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Appeal from Union Circuit Court; George W. Hays, Judge; Under the circumstances of the case, it was error to hold that as a matter of law the sale was illegal. Appellant had in good faith done all it could do under the circumstances, had perpetrated no fraud, and the purchaser in effect waived the question of the tags. The thing required by the act was impossible of performance by reason of the failure of the State’s representative to have on hand a supply of tags. 85 Ark. 422; 84 Ala. 93. The sale was unlawful because of the failure of the seller to comply with the fertlizer inspection ánd…
1Opinion of the CourtHart, J.
Appellant brought this suit against appellee to recover upon a promissory note for $166.69. The note was dated August 9, 1910, and was payable to the order of appellant on or before November 1, 1910. Appellee answered and averred that the note was given for the purchase of commercial fertilizer; that appellant was a foreign corporation, and at the time the fertilizer was sold to appellee and the note executed appellant had not complied with the laws of the State in regard to foreign corporations doing business here. Appellee also says that the note sued on was given for the purchase price of…
2Cases cited4 opinions
- Steiner & Sons v. RaySupreme Court of Alabama · 1887
- Woolfort v. Dixie Cotton Oil Co.Supreme Court of Arkansas · 1905
- Compagionette v. McArmickSupreme Court of Arkansas · 1909
- Campbell v. SegarsSupreme Court of Alabama · 1886
3Cited by3 opinions
- Sarkco, Inc. v. EdwardsSupreme Court of Arkansas · 1972
- Empire Carbon Works v. Barker & Co.Supreme Court of Arkansas · 1917
- Adams v. Virginia-Carolina Chemical Co.Supreme Court of Arkansas · 1917