SAWYER v. PIONEER LEASING CORPORATION

No. 5-4501.

430 S.W.2d 457 (1968)

Guy Dwight SAWYER, d/b/a Sawyer's All Star Foods, Appellant, v. PIONEER LEASING CORPORATION, Appellee.

Supreme Court of Arkansas.

September 3, 1968.


ON REHEARING

FOGLEMAN, Justice (dissenting).

I would grant the rehearing sought by appellee. In the original decision, 244 Ark. 943, 428 S.W.2d 46, we entirely overlooked arguments of appellee as to waiver. It was based entirely upon the applicability of the Uniform Commercial Code. It does not matter, however, whether we apply the Commercial Code or the common law as to the alleged breach...

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