McCallister v. Patton

215 S.W.2d 701 (1948)

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McCallister v. Patton

Arkansas Supreme Court
215 S.W.2d 701 (1948)

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Facts

McCallister (plaintiff) entered into a contract to purchase a Ford super deluxe tudor sedan automobile from Patton (defendant). Patton, an automobile dealer, received many orders for this particular automobile. Patton did not have sufficient automobiles in stock to fulfill all the orders at once. Thus, as he received more inventory, Patton agreed to fulfill the orders according to the order in which they were received. McCallister’s order number was 37. McCallister alleged that even after Patton obtained more than 37 automobiles in stock, he still refused to sell an automobile to McCallister and thus breached their contract. McCallister brought suit in Arkansas state court against Patton. McCallister sought the equitable remedy of specific performance of the contract. Patton demurred to the complaint on the ground that McCallister did not state facts sufficient to entitle him to specific performance. The trial court sustained Patton’s demurrer and dismissed McCallister’s complaint. McCallister appealed.

Rule of Law

Issue

Holding and Reasoning (Millwee, J.)

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