J. R. Watkins Medical Co. v. Hogue

• Decision Date: 24 March 1919
• Docket Number: (No. 153.)
• Parties: J. R. WATKINS MEDICAL CO. v. HOGUE et al.
• Court: Arkansas Supreme Court

210 S.W. 628

J. R. WATKINS MEDICAL CO. v. HOGUE et al.

(No. 153.)

Supreme Court of Arkansas.

March 24, 1919.

Appeal from Circuit Court, Saline County; W. H. Evans, Judge.

Action by the J. R. Watkins Medical Company against Jinks S. Hogue and others. Judgment for defendants, and plaintiff appeals. Reversed and rendered.

This action was brought by the appellant against the appellees. The appellant is a Minnesota corporation, duly authorized to do business in the state of Arkansas. It alleged that it entered into a contract with Jinks S. Hogue by which it agreed to sell and deliver to the latter, f. o. b. cars, at any of its regular places of shipment, certain goods, extracts, and other articles manufactured and sold by it, at customary wholesale prices between January 29, 1915, and March 1, 1916; that Hogue agreed to pay for the goods so purchased, as specified in the terms of the written contract, and at the expiration of the period named therein to pay the entire sum remaining unpaid; that A. B. Cox and J. L. Smith, in consideration of $1 paid by the company and the execution of the contract, as sureties jointly and severally promised and guaranteed the full and complete payment for the said goods according to the terms of the contract; that there was due and unpaid by Hogue the sum of $731.26, for which it prayed judgment. The complaint was duly verified.

The appellant attached the copy of the contract, as an exhibit to its complaint, which is as follows:

"This agreement, made at Winona, Minn., U. S. A., this 29th day of January, A. D. 1915, between the J. R. Watkins Medical Company, a Minnesota corporation, hereinafter called the company, party of the first part, and Jinks S. Hogue, of Bauxite, Ark., party of the second part, witnesseth that for and in consideration of the promises and agreements hereinafter contained, to be kept and performed by the party of the second part, the company promises and agrees to sell and deliver to the party of the second part, free on board cars at Winona, Minn., or at its option, at any of its regular places of shipment, any and all medicines, extracts, and other articles manufactured or sold, or which may hereafter be manufactured or sold by it, unless prevented by fire, insurrection, invasion, strikes, or other cause, at the usual and customary wholesale prices, as the party of the second part may reasonably require for sale by him from time to time from the date hereof until the 1st day of March, 1916, as hereinafter provided, in the following described territory, excepting the incorporated municipalities therein located, to wit: In the state of Arkansas, the part of Saline county lying southeast of the military road, including the townships of Fairplay and Liberty.

"In consideration of the sale and delivery to him f. o. b. cars at Winona, Minn., or other regular shipping point as above mentioned, by said company, of the medicines, extracts, and other articles manufactured or sold by it, in such reasonable quantities as he may require for sale in said territory as herein provided, upon the terms herein expressed, the party of the second part promises and agrees, as soon as practicable after said medicines, extracts, and other articles are received, to make a thorough and personal canvass of said territory at least three times a year, at his own cost and expense and to provide a good team and proper wagon and outfit therefor, and to sell said medicines, extracts, and other articles, or so much thereof as possible, and at all times during said term said party of the second part agrees to keep a complete record of all goods disposed of by him and on hand, and to make to said company complete, regular, weekly written reports of all sales and collections, and also report the goods on hand and outstanding accounts when requested by said company so to do.

"And the party of the second part promises and agrees to pay to said company, at Winona, Minn., the wholesale prices aforesaid for the medicines, extracts, and other articles sold to him from time to time as herein provided, and the prepaid freight and express thereon, if any, during said term, at the time and in the manner and in accordance with the provisions of the weekly report blanks of said company to be furnished to the party of the second part, and at the termination of this agreement to pay the whole amount therefor then remaining unpaid; or in cash, within ten days from date of invoice, with the understanding...