Fort Smith Warehouse Co. v. Friedman-Howell & Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; If it be conceded -that the lease to Bly & Bennett was valid, it was for a period of two years, stipulated that an assignment of the lease should terminate it, and expressly provided that a violation of the lease in this respect should operate as a notice to quit and demand for possession of the premises, the usual notice in writing being waived, and authorized appellant to proceed to recover…
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; If it be conceded -that the lease to Bly & Bennett was valid, it was for a period of two years, stipulated that an assignment of the lease should terminate it, and expressly provided that a violation of the lease in this respect should operate as a notice to quit and demand for possession of the premises, the usual notice in writing being waived, and authorized appellant to proceed to recover possession of the premises without notice. A verdict should have been directed for appellant. Jones on Landlord & Tenant, §…
1Opinion of the CourtHart, J.
This is an action in ejectment by the Fort Smith Warehouse Company, a corporation organized under the laws of the State of Arkansas, against Friedman-Howell & Co., also a domestic corporation, and Bly & Bennett, a partnership, to recover possession of a house and lot in the city of Fort Smith, Arkansas.
In January, 1913, certain parties conducted an implement business on the property in question under a verbal lease from the Fort Smith Warehouse Company, as they claim, for a period of one year. On the other hand, it was claimed by the Fort Smith Warehouse Company that the tenancy was from…
2Cases cited1 opinion
- Thompson v. SanbornMichigan Supreme Court · 1883
3Cited by3 opinions
- Warmack v. Merchants Nat. Bank of Fort SmithSupreme Court of Arkansas · 1981
- Jeffries v. State Ex Rel. Woodruff CountySupreme Court of Arkansas · 1950
- North Little Rock Urban Renewal Agency v. Van BibberSupreme Court of Arkansas · 1972