{
  "id": 6139057,
  "name": "CONWAY PRINTING COMPANY v. Don L. COLLINS, d/b/a CAMBIATA PRESS",
  "name_abbreviation": "Conway Printing Co. v. Collins",
  "decision_date": "1982-02-24",
  "docket_number": "CA 81-224",
  "first_page": "149",
  "last_page": "152",
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      "cite": "4 Ark. App. 149"
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  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
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    "id": 34,
    "name_long": "Arkansas",
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      "reporter": "Ark.",
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      "year": 1948,
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    {
      "cite": "268 Ark. 741",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1715490
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      "year": 1980,
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  "last_updated": "2023-07-14T20:42:09.143623+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "CONWAY PRINTING COMPANY v. Don L. COLLINS, d/b/a CAMBIATA PRESS"
    ],
    "opinions": [
      {
        "text": "Lawson Cloninger, Judge.\nAppellant, Conway Printing Company, filed an action to recover $3,057.14 for the cost of photographic negatives sold to appellee, Don L. Collins, d/b/a Cambiata Press. The jury returned a verdict for appellee.\nThe only issue on this appeal is whether the trial court was in error in denying appellant\u2019s motion for a directed verdict at the conclusion of all the evidence. We hold that appellant\u2019s motion for a directed verdict should have been granted.\nFrom 1972 to 1978 appellant performed printing services for appellee\u2019s sheet music publishing company. In 1978 appellee made other arrangements for his printing work, and at that time it was agreed that appellee would purchase from appellant the negatives of music printed earlier by appellant. The negatives were delivered to ap-pellee over an eleven-month period as they were needed, and appellee was billed for them.\nIn December of 1979 appellee became aware of the practice of a number of printers to surrender the negatives to the customer at no charge above the printing cost. Appellee then informed appellant that the negatives had already been paid for and that appellee had no legal obligation to pay the account. Evidence was presented to both support and refute appellee\u2019s contention that there is a usage or custom in the printing trade that the negatives belong to the customer and not the printer.\nAt trial, it was not seriously controverted that there was a contract entered into for the sale and purchase of the negatives, or that all the negatives had been delivered to appellee. Appellee does not contest the amount of appellant\u2019s claim. The essence of appellee\u2019s argument in the trial court and on this appeal is that his agreement to purchase the negatives was void for lack of consideration.\nA directed verdict would be proper in this case only if there is no substantial evidence from which reasonable minds could find for the defendant after all the inferences are drawn and all evidence is considered in the light most favorable to the defendant. Ralls v. Mittlesteadt, 268 Ark. 741, 596 S.W. 2d 349 (Ark. App. 1980).\nThere were no controverted issues to be presented to the jury relating to appellee\u2019s agreement to pay for the negatives, performance by the appellant, or the amount of the claim. The only way for appellee to avoid his agreement to purchase the negatives was to prove the contract void for lack of consideration. He sought to do this by showing that there is a usage or custom in the printing trade that the negatives belong to the customer, but even if we assume that he successfully established that point, he is required to go farther; he must present evidence which would tend to establish that the parties were aware of and relied upon that usage or custom at the time they entered into the contract.\nIn Glidewell v. Arkhola Sand and Gravel Company, 212 Ark. 838, 208 S.W. 2d 4 (1948), the Arkansas Supreme Court stated with approval:\nIn the chapter oN \u2018Customs and Usages,\u2019 25 C.J.S., \u00a7 9, pp. 84 and 85, the text writer says: \u2018A party relying on a usage must himself have had knowledge of it at the time the transaction was entered into; ... A party to a transaction cannot set up a usage of the other party, of which the party setting it up was ignorant at the time of the transaction, . . . ,\u2019 and in Wall v. Mutual Life Insurance Company of New York, 217 Ia. 1106, 253 N. W. 46, the Supreme Court of Iowa stated the rule: \u2018It is another well-settled principle that where a claim is made of particular custom and usage the same must be known by the parties affected by it or it will not be binding. Or, to say it another way, where one seeks to advantage himself of a particular custom or usage, the same must have been known to him at the time he acted and he must have acted and relied thereon.\u2019\nIn Ben F. Levi, Inc. v. Collins, 215 Ark. 172, 219 S.W. 2d 762 (1949), the issue was whether the appellant was required by his contract to puchase merchandise for appellees on its own initiative or was to await orders from its principals. The court ruled that a custom may be shown as an aid to interpretation if it is known to both parties, but that appellant\u2019s evidence was inadmissible because it failed to establish appellee\u2019s knowledge or notice of the custom.\nThe evidence in this case reflects that appellee was unaware of the purported custom he now urges until after the contract was made and after appellant had completed delivery. The evidence indicates that neither of the parties entered into the contract in reliance upon a custom that the negatives belonged to the customer; in fact, appellant continues to maintain that according to usage and custom in the printing business, the negatives belong to the printer.\nThere was no substantial evidence from which reasonable minds could find for the defendant, therefore the trial court should have granted appellant\u2019s motion for a directed verdict.\nReversed and remanded to the trial court with directions to grant appellant\u2019s motion.",
        "type": "majority",
        "author": "Lawson Cloninger, Judge."
      }
    ],
    "attorneys": [
      "Wright, Lindsey ir Jennings, for appellant.",
      "Henry & Graddy, by: Larry E. Graddy, for appellee."
    ],
    "corrections": "",
    "head_matter": "CONWAY PRINTING COMPANY v. Don L. COLLINS, d/b/a CAMBIATA PRESS\nCA 81-224\n628 S.W. 2d 591\nCourt of Appeals of Arkansas\nOpinion delivered February 24, 1982\n[Rehearing denied March 24, 1981.]\nWright, Lindsey ir Jennings, for appellant.\nHenry & Graddy, by: Larry E. Graddy, for appellee."
  },
  "file_name": "0149-01",
  "first_page_order": 171,
  "last_page_order": 174
}