French & American Importing Co. v. Belleville Drug Co.
Cases that cite this one
3 later published cases cite this decision.
- Northwestern Rug Manufacturing Co. v. Leftwich Hardware & Furniture Co. (Ark. 1928)
- Bankers' Utilities Co. v. Cotton Belt Savings & Trust Co. (Ark. 1922)
- Arkansas Mutual Fire Insurance v. Claiborne (Ark. 1907)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The demurrer to defendant’s answer was properly overruled. The answer, if true, shows that the contract and order for goods, sued on, were procured by false representations knowingly made by plaintiff to defendant as to a material fact, with intent to mislead; and that it did mislead it to its injury. The. misrepresentation was that the plaintiff had not sold any goods of the class contracted for by defendant to any one in the town of Belleville, before the contract sued on was made, when in fact it had already done so. This was one of the material inducements that led to the making of the contract, without which, as shown by the answer, the defendant would not have entered into it. Having been obtained by fraud, it is voidable.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.