W. T. Rawleigh Medical Co. v. Rose
Decision Date | 15 April 1918 |
Docket Number | (No. 301.) |
Citation | 202 S.W. 849 |
Parties | W. T. RAWLEIGH MEDICAL CO. v. ROSE. |
Court | Arkansas Supreme Court |
Appeal from Circuit Court, Hot Spring County; W. H. Evans, Judge.
Action by the W. T. Rawleigh Medical Company against J. H. Rose. Judgment for defendant, and plaintiff appeals. Reversed.
E. H. Vance, Jr., and Henry Berger, both of Malvern, for appellant. Hogue & Heard, of Little Rock, for appellee.
Appellant instituted suit against appellee in the Hot Spring circuit court on January 14, 1915, to recover a balance of $929.70, with 6 per cent. interest from March 10, 1914, alleged to be due for goods, wares, and merchandise sold under contract entered into between appellant and appellee of date July 11, 1910, which contract was as follows:
Appellee denied liability under the contract for the reasons: First, that the written contract established the relationship of principal and agent between appellant and appellee and was not a contract for the purchase and sale of merchandise by appellant to appellee. Second, that if the written contract was one of purchase and sale it had been abandoned by the parties and that the sale of the goods and merchandise was made to the purchasers by appellee as agent for appellant. Third, that appellee was fraudulently induced by the appellant to enter into the written contract under the belief that it was a contract of agency, and that appellant, on account of said fraud, is estopped from claiming that the goods, wares, and merchandise were sold outright to appellee. Fourth, that appellant was a foreign corporation and had not complied with the conditions necessary to do business in the state; and, for that reason, could not make a contract in the state for the sale of its goods enforceable in the courts of the state.
The cause was tried before a jury upon the issues joined, instructions of the court and evidence adduced, and a verdict was returned in favor of appellee and a judgment rendered in accordance therewith dismissing the complaint of appellant.
The appellant, to sustain the issues on its part, introduced the deposition of J. R. Jackson, who was the secretary of appellant company, and he produced the original written contract and the following acknowledgment of the indebtedness by appellee:
Mr. Jackson testified, in substance, that appellant company is a foreign corporation chartered and doing business under the laws of Illinois; that its factories and warehouses were situated in Illinois, Tennessee, Pennsylvania, California, and Minnesota; that none of them were situated in Arkansas; that it sold the goods to appellee outright under the written contract signed by appellee and his sureties in the state of Arkansas and returned to the company at Freeport, Ill., for approval; that after investigating the sureties said company approved the contract and billed the goods out to him f. o. b. from the factory located at Memphis, Tenn.; that appellant was engaged in interstate commerce,...
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