SHARPENSTEEN v. PEARCE

No. 4-9655.

245 S.W.2d 385 (1952)

SHARPENSTEEN v. PEARCE.

Supreme Court of Arkansas.

January 28, 1952.


Attorney(s) appearing for the Case

Smith & Smith, Siloam Springs, for appellant.

Eli Leflar, Rogers, for appellee.


GEORGE ROSE SMITH, Justice.

This is a suit brought by the appellee for breach of a contract for the purchase of chickens. The appellant, as defendant below, admitted having agreed to buy the chickens, but he contended that some of the birds had contracted colds before delivery and that by a trade usage in the industry the buyer is not required to accept diseased fowl. The trial court refused to permit the defendant to prove this trade usage, and upon the other evidence...

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