HAMBRICK v. PEOPLES MERCANTILE & IMPLEMENT CO.

No. 5-1528.

311 S.W.2d 785 (1958)

Joe HAMBRICK et al., Appellants, v. PEOPLES MERCANTILE & IMPLEMENT CO., Appellee.

Supreme Court of Arkansas.

April 7, 1958.


Attorney(s) appearing for the Case

Harold Sharpe, Forrest City, for appellants.

Rieves & Smith, West Memphis, for appellee.


GEORGE ROSE SMITH, Justice.

This is an action by the appellee to recover $2,875.25 assertedly due under a conditional sales contract by which the appellee sold a used cotton-picking machine to the two appellants. The defendants admit the execution of the contract, but they rely upon a breach of warranty as a basis for denying liability and for recovering their down payment. The trial court, having refused to permit the defendants to prove either an express or an implied...

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