Neal v. Harris
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The statute of frauds has no application, and appellee should not have been allowed to vary the terms of the written contract by showing that certain portions of the land were not included in the contract. The court erred in sustaining objection to question asked witness J. E. Neal as to notice to exercise the option.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. The statute of frauds has no application, and appellee should not have been allowed to vary the terms of the written contract by showing that certain portions of the land were not included in the contract. The court erred in sustaining objection to question asked witness J. E. Neal as to notice to exercise the option. The terms of the contract did not provide for an option to renew but granted to the lessee the privilege of extending the term. An option to renew contemplates a new lease will be executed. On the other hand, the covenant…
1Opinion of the Court
HART, J.,
(after stating the facts). In the first clause of the lease, W. S. Harris rented his place ten miles west of Marianna to J. E. Neal for the year 1918. A subsequent clause of the lease-is as follows:
“Said party of the first part agrees to give party of the second part the refusal of the above place for the years 1919 and 1920, at the above price, $7 per acre. ’ ’
The correctness of the decision of the court below depends upon the construction to be given that section of the lease which we have just copied. Both the text writers and the adjudicated cases make a distinction between a…
2Cases cited4 opinions
- Delashman v. BerryMichigan Supreme Court · 1870
- Montgomery v. Board of CommissionersIndiana Supreme Court · 1881
- Bluthenthal v. AtkinsonSupreme Court of Arkansas · 1910
- Miller v. DarganSupreme Court of Arkansas · 1918
3Cited by9 opinions
- Beasley v. BorenSupreme Court of Arkansas · 1946
- Haddad v. Tyler Production Credit Ass'nCourt of Appeals of Texas · 1948
- Keith v. McGregorSupreme Court of Arkansas · 1924
- Riverside Land Co. v. Big Rock Stone & Material Co.Supreme Court of Arkansas · 1931
- Springfield Fire & Marine Ins. v. Republic Ins.Court of Appeals of Texas · 1924
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