John A. Gauger & Co. v. Sawyer & Austin Lumber Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. The appellant, John A. Gauger & Company, of Chicago, is a general sash and door dealer and distributor; and the appellee, the Sawyer & Austin Cumber Company, of Pine Bluff, Arkansas, is a manufacturer of lumber, sash and doors. Appellant wrote to appellee, asking for prices on doors and sash.
Read the full summary
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. The appellant, John A. Gauger & Company, of Chicago, is a general sash and door dealer and distributor; and the appellee, the Sawyer & Austin Cumber Company, of Pine Bluff, Arkansas, is a manufacturer of lumber, sash and doors. Appellant wrote to appellee, asking for prices on doors and sash. Appellee in reply wrote appellant, January '30th, 1904, giving prices and saying: “We will agree to furnish you from 7,500 to 10,000 doors at the above quotation, minimum amount to be 7,500, and would agree to furnish…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. The burden of proof is upon the appellee to show that it is entitled to recover. Therefore it must show that it had complied with the terms of •the contract on its part in the particulars in which appellant ah leges that it violated the terms thereof, and it must further show that appellant breached the contract on its part, giving the appellee the right to treat the contract as rescinded, and to sue for the damages resultant. It will be observed that appellee seeks to recover only for amount alleged to be due for doors and sash furnished. It does…
2Cases cited6 opinions
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- King v. FaistMassachusetts Supreme Judicial Court · 1894
- Missouri Pacific Railway Co. v. YarnellSupreme Court of Arkansas · 1898
- Ward v. KadelSupreme Court of Arkansas · 1881
- Wiegel v. BooneSupreme Court of Arkansas · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Tedstrom v. PuddephattSupreme Court of Arkansas · 1911
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Finley v. PewWyoming Supreme Court · 1922
- White Oak Fuel Co. v. CarterCourt of Appeals for the Eighth Circuit · 1919
7 more not listed; retrieve them via the Exa API.