Bloch v. Tucker
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. Tbe evidence introduced to show that appellant made the statement that the roof did not leak was not admissible, if introduced to show a warranty, its effect would be to add to, contradict or vary a written instrument, and if offered to show fraud, it was not responsive to the allegations of the complaint. 95 Ark. 131; 44 Ark. 496; 92 Ark. 509; 77 Ark. 355. Bloch’s promises to repair, being…
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. Tbe evidence introduced to show that appellant made the statement that the roof did not leak was not admissible, if introduced to show a warranty, its effect would be to add to, contradict or vary a written instrument, and if offered to show fraud, it was not responsive to the allegations of the complaint. 95 Ark. 131; 44 Ark. 496; 92 Ark. 509; 77 Ark. 355. Bloch’s promises to repair, being without consideration, were a nullity. Under-hill on Landlord and Tenant, § 514; Jones on Landlord and Tenant, § 598; Tiffany…
1Opinion of the CourtMcCulloch, C. J.
Appellant owned a building in the city of Fort Smith and by written contract leased the same to appellee for a term of years, a rental price of $125 per month being stated in the contract, payable monthly in advance. ■
The contract contained a stipulation that “if said premises are destroyed by fire * * * said lessee
shall have the privilege to terminate this lease, or continue the same, at his pleasure.”
The building was destroyed by fire on January 11, 1911, during the life of the lease.
Appellee elected to terminate the lease and gave notice to that effect. He then instituted this action…
2Cases cited4 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Lieberthal v. MontgomeryMichigan Supreme Court · 1899
- Tarkovsky v. George H. Hess Co.Appellate Court of Illinois · 1896
- Maxfield v. JonesSupreme Court of Arkansas · 1913
3Cited by6 opinions
- Evans v. McClureSupreme Court of Arkansas · 1913
- Collier v. WagesCourt of Appeals of Texas · 1922
- Rains Coal Corp. v. Southern Coal Co., Inc.Supreme Court of Arkansas · 1941
- Davis v. ShepperdSupreme Court of Arkansas · 1938
- Ross v. McCallCourt of Appeals of Texas · 1926
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