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PRISMO UNIVERSAL CORP. v. CITY OF LITTLE ROCK

No. 5-5626.

472 S.W.2d 96 (1971)

PRISMO UNIVERSAL CORPORATION, Appellant, v. CITY OF LITTLE ROCK, Appellee.

Supreme Court of Arkansas.

November 1, 1971.

Attorney(s) appearing for the Case

Pope, Pratt, Shamburger, Buffalo & Ross, and Pat Moran, Little Rock, for appellant.

Joseph C. Kemp by Robert L. Lowery, Asst. City Atty., Little Rock, for appellee.

BYRD, Justice.

This action was instituted by appellant Prismo Universal Corporation to recover $6928.52 for paint delivered to the City of Little Rock and used on its streets. The City admitted the receipt and use of the paint but denied that the goods were received and used on an open account. By way of affirmative defense the City alleged that the goods were used pursuant to the authority, terms and conditions of a telegram...

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