Brown v. LeMay
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. When two parties have executed a written instrument which expresses the terms of their contract, neither of them can introduce parol testimony tending to vary, change, add to or subtract from the terms of the written instrument. 94 Ark. 130; 88 Ark. 213; 86 Ark. 162, 164 ; 83 Ark. 163; 80 Ark. 505, 508, 509; 67 Ark. 62; 30 Ark. 186, 197. 2. The first instruction of the court ignores an element vital…
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. When two parties have executed a written instrument which expresses the terms of their contract, neither of them can introduce parol testimony tending to vary, change, add to or subtract from the terms of the written instrument. 94 Ark. 130; 88 Ark. 213; 86 Ark. 162, 164 ; 83 Ark. 163; 80 Ark. 505, 508, 509; 67 Ark. 62; 30 Ark. 186, 197. 2. The first instruction of the court ignores an element vital to plaintiff’s case, the element of knowledge on the part of the defendant of the falsity of his representations. In an…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by a vendee to recover damages for an alleged deficiency in the quantity of land claimed to have been sold to her. It is founded upon the alleged fraud of the vendor in making false representations as to the quantity of the land inducing the vendee to pay the price therefor.
The appellant sold to appellee a tract of land in Pulaski County for $3,500, and conveyed same to her by warranty deed. In the deed the land was described as follows:
“The northwest quarter of the northeast quarter of the southwest quarter of section two (2), township one (1) north, range…
2Cases cited6 opinions
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Ryan v. BatchelorSupreme Court of Arkansas · 1910
- Harrell v. HillSupreme Court of Arkansas · 1857
- Joseph v. BakerSupreme Court of Arkansas · 1910
- Goodwin v. RobinsonSupreme Court of Arkansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fausett & Co. v. BullardSupreme Court of Arkansas · 1950
- Edwards v. JeffersSupreme Court of Arkansas · 1942
- Koch v. RhodesMontana Supreme Court · 1920
- Bank of Monette v. HaleSupreme Court of Arkansas · 1912
- Hamburg Bank v. JonesSupreme Court of Arkansas · 1941
16 more not listed; retrieve them via the Exa API.