Legal Opinion

Indiana & Arkansas Lumber & Manufacturing Co. v. Pharr

Supreme Court of Arkansas

Decided May 6, 1907PublishedCited by 15 opinions

Appeal from Cee Chancery Court ,^dward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit is by appellant against appellees to have the title to certain lands in Lee County vested in appellant under the following contract: “Memphis, Tenn., May 29, 1905. “Received of Indiana & Arkansas Lumber & Manufacturing Company the sum of one hundred dollars as earnest money and part payment for the following described property, á warranty deed to be furnished as soon as title…

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Appeal from Cee Chancery Court ,^dward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit is by appellant against appellees to have the title to certain lands in Lee County vested in appellant under the following contract: “Memphis, Tenn., May 29, 1905. “Received of Indiana & Arkansas Lumber & Manufacturing Company the sum of one hundred dollars as earnest money and part payment for the following described property, á warranty deed to be furnished as soon as title is examined, which is guarantied perfect: “All section 31, T. 3 N., R. 4 E., S. Y* 30, T. 3 N., R. 4 E., E. Y* 2(5- 3 N.,…

1Opinion of the Court

Wood, J.,

(after stating the facts.) 1. The Supreme Court of Georgia in Black v. Maddox, 104 Ga. 157, defines an option as follows: “The obligation by which one binds himself to sell, and makes it discretionary with the other party to buy, which is simply a contract by which the owner of property agrees with another person that he shall have a right to buy the property at a fixed price within a certain time.” We approved this definition in the recent case of Bonanza Mining & Smelting Company v. Ware, 78 Ark. 306. See Ide v. Leiser, 24 Am. St. Rep. 17; 21 Am. & Eng. Enc. Law (2 Ed.), 924.

The…

2Cases cited3 opinions

  1. Black v. MaddoxSupreme Court of Georgia · 1898
  2. Kelsey v. CrowtherSupreme Court of the United States · 1896
  3. Bonanza Mining & Smelter Co. v. WareSupreme Court of Arkansas · 1906

3Cited by15 opinions

  1. Adams v. HughesCourt of Appeals of Texas · 1911
  2. Ashcraft v. TuckerSupreme Court of Arkansas · 1918
  3. Berry v. CrawfordSupreme Court of Arkansas · 1963
  4. Zearing v. Crawford, McGregor & Camby Co.Supreme Court of Arkansas · 1912
  5. Hogan v. RichardsonSupreme Court of Arkansas · 1924

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