James & Co. v. Bocage & Co.
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. J. A. Williams, Circuit Judge. The demand and allowance oT the rebate, and the giving of the note, was a novation of all previous contracts. There ..was no express warranty.
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APPEAL from Jefferson Circuit Court. Hon. J. A. Williams, Circuit Judge. The demand and allowance oT the rebate, and the giving of the note, was a novation of all previous contracts. There ..was no express warranty. Bocage & Co. not only knew of the defects in the machine before they purchased it, but wrote plaintiffs at length, setting forth the defects, as appears from their letter to plaintiffs of May 17, 1883. The facts are so plain there is no .reasonable defense to the suit, the greatest difficulty being to account for the unheard-of j udgment of the circuit court. No principle is…
1Opinion of the CourtSmith, J.
The appellants, plaintiffs below, were dealers in second-hand machinery in Chicago, Illinois; Bocage & Co. were practical machinists at Pine Bluff. In the month of March, 1883, a correspondence took place between the parties in regard to a compound shaper, a machine used in planing brass. The price of such a tool, when new, is $400 or $500. But the plaintiffs stated that they had one in stock, which had been recently overhauled, was in good condition and almost as good as new, for which they would take #250. A minute description and a photograph of the planer were enclosed. In April another…
2Cases cited2 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Barnard v. KelloggSupreme Court of the United States · 1871
3Cited by4 opinions
- J. I. Case Threshing Machine Co. v. BaileySupreme Court of Arkansas · 1909
- Spencer Lumber Co. v. DoverSupreme Court of Arkansas · 1911
- Sauerman v. SimmonsSupreme Court of Arkansas · 1905
- Earl v. Westfall Commission Co.Supreme Court of Arkansas · 1902