Merideth v. Matthews
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; J. F. Oautney, Judge; STATEMENT BY THE COURT. The Spartan Hosiery Mills, .one of the appellees, obtained a judgment against the appellant on account for merchandise in the sum ef $79.28. This judgment was rendered by the justice of the peace on the 4th day of April, 1914. Appellant appealed to the circuit court. The second division of the circuit court in Clay County convened on the 25th of May following.
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Appeal from Clay Circuit Court, Eastern District; J. F. Oautney, Judge; STATEMENT BY THE COURT. The Spartan Hosiery Mills, .one of the appellees, obtained a judgment against the appellant on account for merchandise in the sum ef $79.28. This judgment was rendered by the justice of the peace on the 4th day of April, 1914. Appellant appealed to the circuit court. The second division of the circuit court in Clay County convened on the 25th of May following. Upon appellant’s failure to appear and prosecute his appeal in the circuit court, judgment by default was rendered against him and execution…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1-2) The demurrer was properly sustained. The sixth paragraph of appellant’s complaint does not constitute ¡a meritorious defense; it does not, in express terms, state that the pro - vision of the agreement that “the goods would be shipped and delivered to him immediately, or not later than May 1,1913,” was of the essence of the contract, and the facts stated do not show that it was intended by this provision to make time the essence of the contract. The most that can he claimed for the 'allegations of the sixth paragraph are that the appellees, Spartan…
2Cases cited3 opinions
- Blackstad Mercantile Co. v. BondSupreme Court of Arkansas · 1912
- Walnut Ridge Mercantile Co. v. CohnSupreme Court of Arkansas · 1906
- Brownfield v. Dudley E. Jones Co.Supreme Court of Arkansas · 1911
3Cited by1 opinion
- C. H. Robinson Co. v. Hudgins Produce Co.Supreme Court of Arkansas · 1919