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Contracts Keyed to Burton
McCallister v. Patton
Citation:
214 Ark. 293, 215 S.W.2d 701Facts
McCallister (plaintiff) contracted to purchase a Ford automobile from Patton (defendant). McCallister paid $25.00 and would pay the rest of the balance for the automobile at a later date. At the time the parties entered into the contract, Patton had no Ford automobiles in stock. Patton was instead taking orders and numbering the contracts in the order they were executed and delivered to him. McCallister’s contract was number 37. McCallister never received a Ford automobile. McCallister sued Patton, alleging that Patton had received more than 37 Ford automobiles since the execution of their contract.
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