Weaver v. Emerson-Brantingham Implement Co.
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; 1. The first contract was modified by the new agreement to the extent of releasing appellant from any obligation to pay the purchase price unless the machinery would meet the requirements of the guaranty.
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Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; 1. The first contract was modified by the new agreement to the extent of releasing appellant from any obligation to pay the purchase price unless the machinery would meet the requirements of the guaranty. The new agreement took the place of the old one. 112 Ark. 227; Ih. 165; 6 R. C. L. 308; 112 Ark. 223. After a sufficient test both parties were satisfied that the machinery would not do the work it was represented to do, and the manager of appellee abandoned hope of ever getting it to do the work…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Arkansas Chancery Court, Northern District, to recover $800 and interest, the alleged purchase price of a tractor and engine and to foreclose a vendor’s lien for said sum on said machinery. It was alleged that the machinery was shipped by appellee to appellant as provided for in the following written contract:
“ORDER FOR SECOND-HAND MACHINERY.
“Stuttgart, Ark., January 14, 1916. “Emerson-Brantingham Implement Co. (Inc.), Rockford, Illinois:
“You will please ship for the undersigned purchasers at Stuttgart, Ark., in care of yourselves, at…
2Cases cited3 opinions
- Murray v. MillerSupreme Court of Arkansas · 1914
- Ozark & Cherokee Central Railway Co. v. FergusonSupreme Court of Arkansas · 1909
- Capitol Food Co. v. ModeSupreme Court of Arkansas · 1914
3Cited by7 opinions
- Cook v. CaveSupreme Court of Arkansas · 1924
- Skelton Motor Co. v. BrownSupreme Court of Arkansas · 1962
- Dierks Special School District v. Van DykeSupreme Court of Arkansas · 1922
- Glenn v. Union Bank & Trust Co.Supreme Court of Arkansas · 1921
- Caldwell v. DunnSupreme Court of Arkansas · 1922
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