Letchworth v. Vaughan
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; John M. Eeeiott, Chancellor; STATEMENT BY THE .COURT. The plaintiff, Emmett Vaughan, sold, and by deed containing covenants of warranty of title conveyed, to the defendant, J. W. Eetchworth, a body of land containing 1,009.09 acres. The. purchase price of the land was ’$1,000, of which $500 were paid upon "delivery of the conveyance.
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Appeal from Prairie Chancery Court; John M. Eeeiott, Chancellor; STATEMENT BY THE .COURT. The plaintiff, Emmett Vaughan, sold, and by deed containing covenants of warranty of title conveyed, to the defendant, J. W. Eetchworth, a body of land containing 1,009.09 acres. The. purchase price of the land was ’$1,000, of which $500 were paid upon "delivery of the conveyance. The grantee retained the balance of the purchase price, $500, and the parties entered into a-written agreement reciting- the terms of 'the sale and conveyance, and that the-title to the lands was irregular, as shown by the…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) Under a fair construction of the contract, considering the language employed, the' subject-matter thereof, the circumstances surrounding the transaction and the contemporaneous execution of a deed with convenants of warranty of title to the lands about which the parties were contracting, it must be held that appellee undertook thereby to give appellant, within the time specified, a title not necessarily perfect, but such title as he (appellant) should be willing to accept as satisfactory. The law does not favor forfeitures, and will, when a reasonable…
2Cases cited4 opinions
- Greer v. FontaineSupreme Court of Arkansas · 1903
- Mooney v. TylerSupreme Court of Arkansas · 1900
- Sulek v. McWilliamsSupreme Court of Arkansas · 1903
- Du Hadaway v. DriverSupreme Court of Arkansas · 1905
3Cited by7 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Singer Manufacturing Co. v. BrewerSupreme Court of Arkansas · 1906
- Wood v. WoodSupreme Court of Arkansas · 1911
- Thordson v. KruseSupreme Court of Iowa · 1915
- Fiddyment v. BatemanSupreme Court of Arkansas · 1910
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