Fears v. Watson
Supreme Court of Arkansas
Appeal from G-reene Circuit Court, First Division; W. J. Driver, Judge; 1. The sale was conditional, the legal title being reserved in Bertig Bros., and it was error to ¡admit testimony to contradict the written instrument. 78 Ark. 569; 91 Id. 319; 2 Wig. on Ev. § ■§ 897, 898; 82 Ark. 286; 81 Id. 595; 86 Id. 169; 11 Cyc. 724, 728. 2. The articles did not become fixtures. 27 Ark. 332; 62 Id. 450; 73 Id. 227; 56 Id. 52; 93 Id. 77. It was error to direct a verdict.
1Opinion of the CourtHart, J.
B. M. Fears sued B. L. Watson in replevin to recover some wire fencing, some pump pipe and a pump point. The material facts are as follows:
John Zollman leased certain lands from B. L. Watson. During the life of the lease, Zollman purchased from Bertig Bros, some wire fencing, a pump point and some pump pipe for the sum of $13.60, for which he executed a note due Oct, 15,1914. Ben Fears signed the note as surety. The note contained the following: “It is expressly agreed that the title and ownership of all said property shall remain in Bertig Bros, until the full purchase price is paid,” etc.…
2Cases cited1 opinion
- Peck-Hammond Co. v. Walnut Ridge School DistrictSupreme Court of Arkansas · 1909
3Cited by2 opinions
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