Dudley E. Jones Co. v. Daniel
Supreme Court of Arkansas
Appeal from Lee Circuit Court. statement by the court. In October 1892, the Dudley E. Jones Company, of Little Bock, delivered to Nat Smith, of Haynes, Arkansas, a “Sailer Patent Cotton Elevator,” under a written agreement with him that the elevator should remain the property of the company until fully paid for.
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Appeal from Lee Circuit Court. statement by the court. In October 1892, the Dudley E. Jones Company, of Little Bock, delivered to Nat Smith, of Haynes, Arkansas, a “Sailer Patent Cotton Elevator,” under a written agreement with him that the elevator should remain the property of the company until fully paid for. Smith executed notes for the purchase price, but, not being able to pay them at maturity, he in 1893 executed renewal notes, which notes were signed by himself and his son, W. N. Smith.- These notes, as well as those first executed, recited that they were given for the purchase price…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The question presented by this appeal is, whether the plaintiff, by its action upon the notes executed for the purchase money of a “Sailer Patent Cotton Elevator,” waived the condition expressed in the notes that the elevator should remain its property until the purchase money was fully paid. Now an action for the price of an article cannot be maintained until the title has passed to the vendee. Benjamin on Sales (Bennett’s 7th Ed.) 795. An action by the vendor for the price is an admission that the title has passed. In this case it was a condition of…
2Cases cited4 opinions
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- Cox v. HarrisSupreme Court of Arkansas · 1897
- White v. Beal & Fletcher Grocer Co.Supreme Court of Arkansas · 1898
3Cited by8 opinions
- Thornton v. FindleySupreme Court of Arkansas · 1911
- Belding v. WhittingtonSupreme Court of Arkansas · 1922
- Craig v. MeriwetherSupreme Court of Arkansas · 1907
- Butler v. DodsonSupreme Court of Arkansas · 1906
- Baker v. Brown Shoe Co.Supreme Court of Arkansas · 1906
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