Louisiana Molasses Co. v. Fort Smith Wholesale Grocery Co.
Supreme Court of Arkansas
Appeal- from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. This is a suit by the Fort Smith Wholesale Grocery Company against the Louisiana Molasses Company, Limited, for the sum of $248.38, which plaintiff alleged defendant obtained from it by reason of the deceit of its agent in making certain false and fraudulent representations in regard to the character of certain molasses, to the effect that such molasses would not ferment and sour, which…
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Appeal- from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. This is a suit by the Fort Smith Wholesale Grocery Company against the Louisiana Molasses Company, Limited, for the sum of $248.38, which plaintiff alleged defendant obtained from it by reason of the deceit of its agent in making certain false and fraudulent representations in regard to the character of certain molasses, to the effect that such molasses would not ferment and sour, which representation induced plaintiff to buy the molasses. It is alleged that the representation was false, and was made with…
1Opinion of the CourtWood, J.
The pleadings show, and appellee properly concedes, that this is an action for deceit based upon certain alleged false and fraudulent representations concerning .the quality' of molasses. The action not being based upon a contract of warranty, verbal or written, it is obvious at a glance that instructions numbered, respectively, four and five were erroneous. These instructions are based upon the idea that the suit was upon oral representations that amounted to a verbal contract of warranty, and they authorized recovery if appellant’s agent made cértain representations in regard to the…
2Cases cited1 opinion
- Johnson v. St. Louis Butchers' Supply Co.Supreme Court of Arkansas · 1895
3Cited by11 opinions
- Moore v. IrwinSupreme Court of Arkansas · 1909
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Hunt v. DavisSupreme Court of Arkansas · 1911
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Arden Lumber Co. v. Henderson Iron Works & Supply Co.Supreme Court of Arkansas · 1907
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