Harris v. Edwards

• Citation: 195 S.W. 1064
• Decision Date: 21 May 1917
• Docket Number: (No. 396.)
• Parties: HARRIS v. EDWARDS.
• Court: Arkansas Supreme Court

Page 1064

195 S.W. 1064

HARRIS v. EDWARDS.

(No. 396.)

Supreme Court of Arkansas.

May 21, 1917.

Appeal from Circuit Court, Conway County; A. B. Priddy, Judge.

Action by E. F. Edwards against C. C. Harris. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

W. P. Strait, of Morrillton, for appellant. Edward Gordon and Sellers & Sellers, all of Morrillton, for appellee.

HUMPHREYS, J.

This suit was instituted by appellee against appellant on the 2d day of March, 1916, before a justice of the peace in Conway county, to recover the sum of $210 for an alleged balance due upon a loan to purchase one car of flour. Appellant answered, denying that he was indebted to appellee for a balance due upon a car of flour. The cause was submitted to the jury upon the written pleadings and the evidence adduced, upon which the jury returned a verdict in favor of appellant. An appeal was prosecuted to the circuit court where the cause was again heard upon the pleadings, testimony, and instructions of the court, upon which a verdict was returned in favor of appellee for $160.80. A judgment was rendered against appellant for said amount, from which an appeal has been duly prosecuted to this court.

The undisputed facts disclose that E. F. Edwards, representing Oswego Milling Company, obtained a written order from Harris Bros., on November 24, 1915, for a carload of flour for future delivery. The shipment was made to shipper's order, with draft on Harris Bros. attached to the bill of lading. The draft and bill of lading were sent to the Rainwater Bank at Morrillton, Ark. The flour arrived in Morrillton in the month of January, 1916. Harris Bros. were unable to pay for the flour. Edwards executed his note to the bank to cover the amount, and paid same to Oswego Milling Company. The flour was held quite a while by Edwards and the bank, and was then sold at a loss of $160.80. The evidence was conflicting as to whether the transaction constituted a loan from E. F. Edwards to C. C. Harris with which to pay for the flour, or whether by the transaction E. F. Edwards became the absolute owner of the flour with contract with C. C. Harris to buy the flour when he secured sufficient means.

Appellee contended that he advanced money to pay off the draft, and held the flour as collateral security only, and that when notified by appellant that he would not take the flour, he sold it and applied the receipts to the payment of the loan, and that appellant owed him on said loan a balance of $160.80. Appellant contended that his firm was unable to pay the draft for the purchase price of the car of flour, and that appellee paid the draft and became the absolute owner of said flour; that he then made an oral contract with appellee to take the flour when he could raise the money; that he had been unable to raise the money, and after the institution of this suit against him by appellee, appellee had sold the flour.

The cause...