E. A. Lange Medical Co. v. Johnson

Decision Date22 October 1917
Docket Number(No. 183.)
Citation197 S.W. 1168
CourtArkansas Supreme Court
PartiesE. A. LANGE MEDICAL CO. v. JOHNSON et al.

Appeal from Circuit Court, Pulaski County; G. W. Hendricks, Judge.

Action by the E. A. Lange Medical Company against James C. Johnson and others. From an adverse judgment, plaintiff appeals. Reversed and rendered.

A. L. Barber, of Conway, and Silas W. Rogers, of Little Rock, for appellant. Troy W. Lewis and H. C. Locklar, both of Little Rock, for appellees.

SMITH, J.

This litigation arose out of a bond executed by appellees to guarantee the performance of the following contract:

"This agreement, made this 22d day of November, A. D. 1913, at De Pere, Wisconsin, witnesseth that, whereas, James C. Johnson, of Little Rock, Arkansas, desires to purchase of the A. E. Lange Medical Company, of De Pere, Wisconsin, on credit and at salesman's wholesale prices, to sell again on his own account to consumers in the following territory, excepting the incorporated municipalities located therein: Pulaski county, state of Arkansas — its medicines, extracts, spices, soaps, toilet articles, perfumes, stock and poultry preparations, and other articles furnished by it, paying his account for such goods in installments as hereafter provided: Therefore he hereby agrees to sell no other articles than those sold him by said company and to have no other business or employment. He further agrees to pay said company for all articles purchased under this contract the current wholesale prices of such articles by remitting in cash each week to said company an amount equal to at least the wholesale prices of such goods as sold for cash and collected for by him, in accordance with the provisions of the weekly report blank of said company, and for that purpose as evidence of good faith he shall submit to said company complete itemized weekly reports of his business: Provided, however, if he pays this account in full on or before the 15th day of said month, he shall be allowed a discount of six per cent. (6%) from current wholesale prices.

"At its option the company shall also sell him on credit a wagon selected from its current catalogue of Lange's wagons and charge same to his account, less any cash payment he may make, at the regular time price quoted in catalogue, for which he agrees to pay within a reasonable time by making special remittance on his account. When the sale or purchase of articles under this contract shall be permanently discontinued for any reason, or upon notice given by either party, it is therefore terminated, and he further agrees to settle in cash within a reasonable time for balance due said company on account.

"The company further agrees to repurchase from him, at termination of this contract and at salesman's wholesale prices then current, such of its articles as he has on hand and returned to them by freight prepaid to De Pere, Wisconsin, in as good salable condition as when originally sold him. Unless prevented by strikes, fires, accidents, or causes beyond its control, said company agrees to fill and deliver on board cars at De Pere, Wisconsin, his reasonable orders, provided his account is in satisfactory condition, and to charge all articles sold him under this contract to his account at current salesman's wholesale prices, also to notify him promptly of any change in wholesale prices.

"The company further agrees to exchange new goods for all of its articles used to the trial mark only, also such other of its articles as said company may hereafter authorize in writing to be placed on trial, same to be returned to them in compliance with such written authority, and by freight prepaid to De Pere, Wisconsin. The company further agrees to allow credit for all freight charges on its shipments going into the states of Wisconsin, Minnesota, Iowa, Illinois, Indiana, Michigan, and Ohio, and to allow credit equal to one-half the freight charges on its shipments going into all other states, unless otherwise specified by said company: Provided, that no shipment shall weigh less than one hundred pounds.

"The company also agrees to give salesman credit for all mail orders going from them into the said salesman's territory after first deducting salesman's wholesale price and expenses of delivering. Said company further agrees to furnish him free of charge at De Pere, Wisconsin, report blanks, order blanks, advance cards, printed return envelopes for his use, also to furnish him free of charge, after he has ordered goods, our monthly sales letter, selling suggestions, and such other booklets and letters as they may issue from time to time as to the best methods of selling to consumers such goods as purchased by him; but it is expressly agreed that nothing contained in such letters, books, or suggestions and advice shall be construed as in any way modifying the terms of this contract.

"This contract is...

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3 cases
  • Watson v. J. R. Watkins Co
    • United States
    • Mississippi Supreme Court
    • February 26, 1940
    ... ... 140, 180 S.W. 21; ... Dr. Koch Veg. Tea Co. v. Malone. (Tex.), 163 S.W ... 663; Saginaw Medical Co. v. Batey (Mich.), 146 N.W ... 329; J. R. Watkins Co. v. Holloway (Mo.), 168 S.W ... 290; J ... 214; W. T. Rawleigh Co. v. Ellis (Ark.), 201 S.W ... 110; E. A. Lange Co. v. Johnson (Ark.), 197 S.W ... 1168; Saginaw Medicine Co. v. Dykes (Mo.), 238 S.W ... 556; ... ...
  • Henry v. W. T. Rawleigh Co.
    • United States
    • Mississippi Supreme Court
    • January 28, 1929
    ... ... Case ... reversed and remanded ... J. L ... Byrd and C. E. Johnson, for appellants ... We ... recognize the rule long established in all of the courts of ... by a previous or contemporaneous oral agreement as to its ... scope and binding form." Lange Med. Co. v ... Johnson, 197 S.W. 1168, (Ark.) it was held that a surety ... on a bond cannot ... ...
  • Malcolm v. Am. Serv. Co..
    • United States
    • West Virginia Supreme Court
    • May 18, 1937

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