Arkansas & Texas Grain Co. v. Young & Fresch Grain Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; James S. Steel, Judge, ■on exchange of circuits; 1. When appellee gave permission to inspect the corn before receiving it, this conferred the right to reject it; and if the right to inspect did not exist under the original contract of purchasej but was subsequently given, it was a waiver of the original contract. 2. When the appellee’s manager came to Texarkana, took possession of and resold the corn, appellee was thereby estopped to assert…
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Appeal from Miller Circuit Court; James S. Steel, Judge, ■on exchange of circuits; 1. When appellee gave permission to inspect the corn before receiving it, this conferred the right to reject it; and if the right to inspect did not exist under the original contract of purchasej but was subsequently given, it was a waiver of the original contract. 2. When the appellee’s manager came to Texarkana, took possession of and resold the corn, appellee was thereby estopped to assert this claim. 3. It was appellee’s duty, before it could hold appellant for any balance after reselling the corn, to…
1Opinion of the CourtRiddick, J.
This ■ is an appeal by the Arkansas & Texas Grain Company from a judgment rendered against it in favor of the Young & Fresch Grain Company for damages for breach of a contract to purchase two carloads of corn. The corn was shipped from St. Rouis to defendant at Texarkana. The defendant, on arrival of the corn at Texarkana, refused to accept it unless first allowed to inspect it. This permission was granted, and defendant, after inspecting the corn, rejected it. Thereupon plaintiff sent an agent from St. Louis, who took charge of the corn and resold it to defendant for a lower price, defendant…
2Cases cited5 opinions
- Moore v. . PotterNew York Court of Appeals · 1898
- Lewis v. . GreiderNew York Court of Appeals · 1872
- Holland v. ReaMichigan Supreme Court · 1882
- Clore v. RobinsonCourt of Appeals of Kentucky · 1897
- Riendeau v. . BullockNew York Court of Appeals · 1895
3Cited by8 opinions
- United States v. Brookridge Farm, Inc.Court of Appeals for the Tenth Circuit · 1940
- Springfield Tobacco Redryers Corp. v. City of SpringfieldCourt of Appeals of Tennessee · 1956
- Call v. LinnOregon Supreme Court · 1924
- Growers' Exchange v. John A. Eck Co.Utah Supreme Court · 1925
- Graves v. MelioSupreme Court of Arkansas · 1907
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