Texas Hardwood Lumber Co. v. Richardson
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; H. W. Wells, Judge; 1. Tbe .cause sboul-d have been transferred to equity. Equity abhors a forfeiture and will not declare a forfeiture for failure to pay rent. 59 Ark. 405-411; 75 Id. 410; 77 Id. 305; 87 Id. 393 ;' II. 600; 89 Id. 195; 91 Id. 133. An equitable defense entitles -one to a transfer to equity. 71 Ark. 484; 73 Id. 464; 76 Id. 423; 95 Id. 118. 2. The forfeiture was waived by act of the landlord. 93 Am.
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Appeal from Bradley Circuit Court; H. W. Wells, Judge; 1. Tbe .cause sboul-d have been transferred to equity. Equity abhors a forfeiture and will not declare a forfeiture for failure to pay rent. 59 Ark. 405-411; 75 Id. 410; 77 Id. 305; 87 Id. 393 ;' II. 600; 89 Id. 195; 91 Id. 133. An equitable defense entitles -one to a transfer to equity. 71 Ark. 484; 73 Id. 464; 76 Id. 423; 95 Id. 118. 2. The forfeiture was waived by act of the landlord. 93 Am. Dec. 303; 40 Mo. 449; 59 Ark. 405-411. 1. The answer sets up no defense exclusively cognizable in equity. 71 Ark. 484; 59 Id. 405. 2. There was no…
1Opinion of the CourtHart, J.
This is an action of unlawful detainer brought in the Bradley Circuit Court by J. W. Richardson against the Texas Hardwood Lumber Company, a corporation. The case was tried on the 11th day of August, 1913, and there was a verdict and judgment for the plaintiff for the possession of the premises involved in the action and for $60. The defendant has appealed.
The facts are as follows: On the 11th day of August, 1912, the Texas Hardwood Lumber Company, by a written contract, leased the premises in controversy from J. W. Richardson for a term of one year with the privilege of renewing for another…
2Cases cited2 opinions
- Lindsey v. BloodworthSupreme Court of Arkansas · 1911
- Parker v. GearySupreme Court of Arkansas · 1892
3Cited by2 opinions
- Cortiania v. FrancoSupreme Court of Arkansas · 1948
- Thompson v. KirkSupreme Court of Arkansas · 1924