Main v. Tracey
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; 1. When two parties enter into a contract, neither party can rescind without the consent of the other except for fraud; and when one party has made an offer of purchase to another, that offer remains open for acceptance or rejection by the other until a demand for the withdrawal reaches the offeree.
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Appeal from Calhoun Circuit Court; Charles W. Smith, Judge; 1. When two parties enter into a contract, neither party can rescind without the consent of the other except for fraud; and when one party has made an offer of purchase to another, that offer remains open for acceptance or rejection by the other until a demand for the withdrawal reaches the offeree. Tiedeman on Sales, § 40; Benjamin on Sales, § 64; 47 Ark. 519. 2. It was error to permit appellee Tracey to testify that the express agent at Bearden did not notify him of the arrival of the goods. The express company was 'the agent of…
1Opinion of the CourtHill, C. J.
This is the second appeal of this case. In Main v. Tracey, 76 Ark. 371, the facts are stated. Judgment for the defendant was therein reversed for failure of evidence of the countermand of the order reaching appellant before the goods were shipped. On the new trial, there was testimony adduced tending to show when the letter of countermand was written, when it was mailed, and when in due course of mail it would have been received by the appellant. This testimony tended to show that it would have been received on the 15th, and the goods were shipped on the morning of the 17th of June.
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2Cases cited1 opinion
- Main v. TraceySupreme Court of Arkansas · 1905
3Cited by2 opinions
- State v. J. W. Kelly & Co.Tennessee Supreme Court · 1910
- Toledo Computing Scale Co. v. StephensSupreme Court of Arkansas · 1910