Main v. Jarrett

Supreme Court of Arkansas

Main v. Jarrett

93 S.W. 750, 78 Ark. 137, 1906 Ark. LEXIS 222

DecidedMarch 3, 1906

StatusPublished

This text of 93 S.W. 750 (Main v. Jarrett) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Main v. Jarrett, 93 S.W. 750, 78 Ark. 137, 1906 Ark. LEXIS 222 (Ark. 1906).

Pincite

Opinion

Battle, J.

The trial court erred in instructing the jury. The instructions made the right of plaintiffs to recover to depend upon the delivery by them to the defendants of a bill of lading, when the non-delivery of a bill of lading was not pleaded as a defense. No such issue was joined. The undisputed evidence shows that a bill of lading was sent by mail to the defendants. But they say they never received it,.and that they did not inform plaintiffs that they had not received it and made no request for a duplicate. They received all the goods purchased, except a show case, and for that reason refused to pay for the goods. The instructions were, therefore, erroneous.

Reversed and remand for a new trial.

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Battle, J.

The trial court erred in instructing the jury. The instructions made the right of plaintiffs to recover to depend upon the delivery by them to the defendants of a bill of lading, when the non-delivery of a bill of lading was not pleaded as a defense. No such issue was joined. The undisputed evidence shows that a bill of lading was sent by mail to the defendants. But they say they never received it,.and that they did not inform plaintiffs that they had not received it and made no request for a duplicate. They received all the goods purchased, except a show case, and for that reason refused to pay for the goods. The instructions were, therefore, erroneous.

Reversed and remand for a new trial.

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Bluebook (online)

93 S.W. 750, 78 Ark. 137, 1906 Ark. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/main-v-jarrett-ark-1906.