Jaber v. Miller

This is a suit brought by Miller to obtain cancellation of fourteen promissory notes, each in the sum of $175, held by the appellant, Jaber. The plaintiff’s theory is that these notes represent monthly rent upon a certain business building in Fort Smith for the period beginning-January 1, 1950, and ending March 1,1951. The building was destroyed by fire on December 3, 1949, and the plaintiff contends that his obligation to pay rent then terminated. The defendant contends that the notes were given not for rent but as deferred payments for the assignment of a lease formerly held by Jaber. The…