Cohn v. Chapman
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; George W. Clark, Judge; Oral evidence of a warranty is inadmissible when a complete written instrument evidences a sale. 80 Ark. 508; Federal Truck Motors Co. v. Thompson, 149 Ark. 664. There was no error in the instruction of the court on the subject of warranty as to the first horse that died. 124 Ark. 31. The objection to the instruction should have been specific. 134 Ark. 218; 78 Ark. 327; 110 Ark. 118; 115 Ark. 118;…
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Appeal from Prairie Circuit Court, Southern District; George W. Clark, Judge; Oral evidence of a warranty is inadmissible when a complete written instrument evidences a sale. 80 Ark. 508; Federal Truck Motors Co. v. Thompson, 149 Ark. 664. There was no error in the instruction of the court on the subject of warranty as to the first horse that died. 124 Ark. 31. The objection to the instruction should have been specific. 134 Ark. 218; 78 Ark. 327; 110 Ark. 118; 115 Ark. 118; 111 Ark. 196; 73 Ark. 594; 87 Ark. 607; 9(8 Ark. 88; 9 Encyclopedia of Evidence, p. 366; 22 C. J. 1295. Notice of the…
1Opinion of the CourtWood, J.
The appellant instituted this action against the appellee to recover judgment on an instrument executed February 28, 1918, and due November 1, 1918. The first part of the instrument was a regular promissory note in the sum of $200 given as the. consideration of the purchase price for a certain brown mare. The latter part reserved title in the seller to the animal until the purchase price was paid, and contained other provisions evidencing the contract of sale. The appellee answered admitting the execution of the “note” and seti up by way of counterclaim that the “note” was a part of the…
2Cases cited2 opinions
- Frauenthal v. BridgemanSupreme Court of Arkansas · 1887
- Wright v. Midland Valley RailroadSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Ross v. Florida Sun Life Insurance CompanyDistrict Court of Appeal of Florida · 1960
- Missouri Pacific R.R. Co. v. MyersSupreme Court of Arkansas · 1930