Read's Drug Store v. Hessig-Ellis Drug Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. It was error to refuse defendant the right to open and, close the argument. The burden of proof, under the pleadings, was on defendant. 32 Ark. 597; 13 Ark. 479; 29 Ark. 153; 82 Ark. 331. 2. The testimony of Brown as to the conversations and propositions had, etc., was inadmissible. They were made prior to the final agreement.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. It was error to refuse defendant the right to open and, close the argument. The burden of proof, under the pleadings, was on defendant. 32 Ark. 597; 13 Ark. 479; 29 Ark. 153; 82 Ark. 331. 2. The testimony of Brown as to the conversations and propositions had, etc., was inadmissible. They were made prior to the final agreement. Where a contract is reduced to writing, parol evidence is admissible to vary, alter or explain it. 3. A tender does not have to be made where a party is advised beforehand that if made it will…
1Opinion of the CourtHart, J.
On the 12th day of January, 1909, the Hessig-Ellis Drug Company brought suit in the Pulaski Circuit Court against Read’s Drug Store for $580.56 for goods sold on account. Both parties to the suit are corporations.
The defendant admitted the purchase of the goods, but denied that it was indebted to the plaintiff in said sum or in any other sum whatever. It pleaded:
First. That it had entered into a written contract" with the plaintiff on the 18th day of December, 1907, whereby it purchased $672 worth of Muco-Solvent, and that it was provided in said contract, among other things, that defendant…
2Cited by16 opinions
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- Loveless v. DiehlSupreme Court of Arkansas · 1962
- Rich v. RosenthalSupreme Court of Arkansas · 1954
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