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WISCONSIN BRICK AND BLOCK CORP. v. COLE

No. 81-107.

622 S.W.2d 192 (1981)

WISCONSIN BRICK AND BLOCK CORP., Petitioner, v. John W. COLE, Judge, Respondent.

Supreme Court of Arkansas.

October 19, 1981.

Attorney(s) appearing for the Case

Moses, McClellan & McDermott by Harry E. McDermott, III, Little Rock, for petitioner.

Steve Clark, Atty. Gen., by Rodney E. Slater, Asst. Atty. Gen., Little Rock, for respondent.

DUDLEY, Justice.

Malvern Brick and Tile Company, an Arkansas corporation, filed suit against petitioner, Wisconsin Brick and Block Corporation, in Hot Spring County alleging breach of contract. Wisconsin Brick had been ordering bricks from Malvern Brick for a twenty-year period and on this occasion either called or mailed in the order. The bricks were to be sent "F.O.B. plant, car" which meant that Malvern Brick completed performance of the contract when it loaded...

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