Goodrum v. Merchants & Planters Bank
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martineau, • Chancellor; STATEMENT BY THE COURT. This was an action instituted by the Merchants & Planters Bank, of England, Arkansas, against J. C. Goodrum, Jr., and his wife, Belle Goodrum, seeking to require from them the execution of a deed for certain lands which they had, for that purpose, conveyed to a trustee, who refused to carry out the trust by conveying said lands to plaintiff.
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Appeal from Lonoke Chancery Court; John E. Martineau, • Chancellor; STATEMENT BY THE COURT. This was an action instituted by the Merchants & Planters Bank, of England, Arkansas, against J. C. Goodrum, Jr., and his wife, Belle Goodrum, seeking to require from them the execution of a deed for certain lands which they had, for that purpose, conveyed to a trustee, who refused to carry out the trust by conveying said lands to plaintiff. The conveyance to the trustee was subsequently treated and held by the chancellor to be a mortgage to secure certain indebtedness alleged to be due by said Goodrum…
1Opinion of the Court
Frauenthal, J.,
(after stating the facts). 1. It is contended by counsel for defendants that, at the time the written contract was entered into for the adjustment of the alleged shortage, it was agreed that Goodrum should be present during the entire examination made by the accountants of the books of the bank. It is claimed that this portion of the agreement was omitted from the written contract by mistake, which could be rectified by. reformation, or that it did not add to or vary the terms of the written contract. They urge, on the contrary, that this portion of the agreement was either a…
2Cases cited30 opinions
- Newcomb v. WoodSupreme Court of the United States · 1878
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Swann v. SwannUnited States Circuit Court · 1884
- Cox v. SmithSupreme Court of Arkansas · 1911
- Goerke v. RodgersSupreme Court of Arkansas · 1905
25 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Winkle v. Grand National BankSupreme Court of Arkansas · 1980
- Pledger v. BirkheadSupreme Court of Arkansas · 1923
- Kohn v. PearsonSupreme Court of Arkansas · 1984
- Corey v. Mercantile Insurance Co. of AmericaSupreme Court of Arkansas · 1943
31 more not listed; retrieve them via the Exa API.