Crouch & Son v. Leake
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This suit was brought by appellants against T. B. Leake and others to recover a balance of $614.95, claimed to be due on a note for $1,000, executed to them May 29, 1907. The note was signed by the defendants and credited with six different amounts paid thereon from May 29, 1907, to March 15,' 1910, Aggregating $534.93. The defendants admitted the execution of - the note and alleged that it and…
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Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This suit was brought by appellants against T. B. Leake and others to recover a balance of $614.95, claimed to be due on a note for $1,000, executed to them May 29, 1907. The note was signed by the defendants and credited with six different amounts paid thereon from May 29, 1907, to March 15,' 1910, Aggregating $534.93. The defendants admitted the execution of - the note and alleged that it and two others for like amount were given for the purchase of a stallion sold them by plaintiffs under a warranty, that he…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellants contend that the court erred in not directing a verdict in their favor and are right in so doing.
The undisputed testimony shows that the stallion was not “a satisfactory sure breeder” as warranted, but it also shows that appellees gave no notice to appellants of a breach of the warranty nor did they return or offer to return the horse to the seller and receive another of equal value in his place by August 1, 1908, as they were required to do by the terms of the contract or at all. Neither was there any testimony tending to show a waiver by…
2Cases cited2 opinions
- Wilson v. Nichols & Shepherd Co.Court of Appeals of Kentucky · 1906
- Highsmith v. HammondsSupreme Court of Arkansas · 1911
3Cited by13 opinions
- Bolt v. State Savings Bank of ManchesterCourt of Appeals of Texas · 1915
- Palaniuk v. Allis-Chalmers Manufacturing Co.North Dakota Supreme Court · 1928
- First Nat. Bank of Lafayette v. FullerCourt of Appeals of Texas · 1917
- Hickman v. SawyerCourt of Appeals for the Fourth Circuit · 1914
- Morris & Co. v. Power Mfg. Co.Court of Appeals for the Sixth Circuit · 1927
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