Williams v. Green
Supreme Court of Arkansas
Appeal fiom Yell Circuit Court. Hon. W. H. Feild, Circuit Judge, presiding; The clerical mistake in averring that the plaintiff tendered the deed to the plaintiff, will be supplied by intendment, or is only ground of special demurrer. 1 Ch. 287. The covenant here sued on is for the purchase and sale of land with stipulated damages, for the non-performance by either of the parties; the consideration for which, could not be enquired into upon demurrer.
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Appeal fiom Yell Circuit Court. Hon. W. H. Feild, Circuit Judge, presiding; The clerical mistake in averring that the plaintiff tendered the deed to the plaintiff, will be supplied by intendment, or is only ground of special demurrer. 1 Ch. 287. The covenant here sued on is for the purchase and sale of land with stipulated damages, for the non-performance by either of the parties; the consideration for which, could not be enquired into upon demurrer. The averment that plaintiff tendered the deed to the plaintiff instead of the defendant, is good ground of demurrer. FLarvy vs. Stokes, Willes…
1Opinion of the CourtChief Justice Watkins
This was an action of covenant, brought by Williams against Green, upon an article of agreement entered into between them on the 6th of October, 1852, for the sale of a tract of land and improvements: the substance of the agreement, so far as necessary to be here stated, being, that Williams traded and bargained to Green a certain tract of land, containing forty-five acres more or less, the price to be thirty dollars per acre for the land, with the addition of the value of the improvements upon it, such valuation to be made by two persons named in the article, and for which payment was to be…
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