B. A. Stevens Co. v. Whalen
Supreme Court of Arkansas
Appeal from Lawrence Circuit. Court, Eastern District ; Charles Coffin, Judge; Instead of returning the defective table, appellee elected to retain it, and he is bound thereby. 22 Ark. 454; 81 Ark. 549; 77 Ark. 546; 53 Ark. 155; 77 Ark. 522; 48 Ark. 325; 38 Ark. 351; Id. 334. And the measure of damages would have been the difference between the defective table and the table contracted for. 78 Pa.
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Appeal from Lawrence Circuit. Court, Eastern District ; Charles Coffin, Judge; Instead of returning the defective table, appellee elected to retain it, and he is bound thereby. 22 Ark. 454; 81 Ark. 549; 77 Ark. 546; 53 Ark. 155; 77 Ark. 522; 48 Ark. 325; 38 Ark. 351; Id. 334. And the measure of damages would have been the difference between the defective table and the table contracted for. 78 Pa. St. 141; 21 Ark. 349; 25 Ark. 164; 64 Ark. 228; Mechem on Sales, § 817; 83 Ark. 232. One will not be permitted to avail himself of the advantages of inconsistent positions. 64 Ark. 213. One wishing…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the plaintiff, B. A. Stevens Company, against defendant, Pat Whalen, to recover possession of two pool tables and the paraphernalia connected therewith, which plaintiff had formerly sold to the defendant and had taken chattel mortgages ¡back to secure the purchase price. Defendant purchased one of the pool tables in controversy and the cues, balls, racks, etc., to be used in connection therewith, from plaintiff on October 12, 1907, and executed to the latter a chattel mortgage on same to secure the price, which was divided into eleven promissory notes of $10…
2Cases cited9 opinions
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Weed v. DyerSupreme Court of Arkansas · 1890
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Ward Furniture Manufacturing Co. v. IsbellSupreme Court of Arkansas · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- Brunson v. TeagueSupreme Court of Arkansas · 1916
- Dyke v. MagdalenaSupreme Court of Arkansas · 1926
- Burton v. Blytheville Realty Co.Supreme Court of Arkansas · 1913
- Holcomb Hoke Manufacturing Company v. FishSupreme Court of Arkansas · 1928
2 more not listed; retrieve them via the Exa API.