Gay Oil Co. v. Roach
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; 1. For distinction between a warranty and a condition, see 81 Ark. 549; 108 N. Y. 232; 1 Cush.
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Appeal from Polk Circuit Court; James S. Steel, Judge; 1. For distinction between a warranty and a condition, see 81 Ark. 549; 108 N. Y. 232; 1 Cush. (Mass) 271. In this case the engagement as to quantity, as presented by the guaranty against leakage, is an agreement collateral to the main purposes of the.contract, and can not be construed as a condition, the breach of which permits the vendee to rescind. 2. Even if a breach of warranty of quantity gives the vendee a right to refuse acceptance, the vendee could, at most, refuse to accept only those articles which did not satisfy the warranty.…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the Gay Oil Company, the plaintiff below, against N. M. Roach to recover the purchase price of 64 barrels of oil, which it alleged it sold to the defendant. The defendant alleged that he purchased the oil under a contract by which the plaintiff “guaranteed” the barrels in which the oil was to be shipped against leakage; that when the shipment arrived several of the barrels leaked, and that he on that account refused to accept the oil, and at once notified plaintiff of his rejection thereof.
The defendant was a merchant doing business at Mena, Ark., and the…
2Cases cited8 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Pope v. AllisSupreme Court of the United States · 1885
- Thornton v. WynnSupreme Court of the United States · 1827
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Weed v. DyerSupreme Court of Arkansas · 1890
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3Cited by10 opinions
- Fullerton v. StorthzSupreme Court of Arkansas · 1930
- Boudinier v. BoudinierMissouri Court of Appeals · 1947
- Commonwealth Cotton Oil Co. v. LesterSupreme Court of Oklahoma · 1932
- McPeak v. BokerSupreme Court of Minnesota · 1952
- McCallum v. Campbell-Simpson Motor Co.Idaho Supreme Court · 1960
5 more not listed; retrieve them via the Exa API.