Concrete, Inc. v. Arkhola Sand & Gravel Co.

Minor W. Millwee, Associate Justice.

The plaintiff-appellant, Concrete Inc., is an Arkansas Corporation with its office and plant located in Rogers, Benton County, Arkansas, where it engages in the sale of ‘ ‘ ready mixed” concrete in and around that city. The defendant-appellee, Arkhola Sand and Gravel Co., is also a domestic corporation with its principal place of business at Fort Smith, Sebastian County, Arkansas and branch offices in "Washington and Crawford counties.

On July 9, 1957, plaintiff filed suit against defendant in the Chancery Court of Benton County alleging: “That the…