Bothe v. Noack
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; STATEMENT OE FACTS. B. F. Noack brought this suit in equity against H. Bothe and Chas. Scheuer and Martha Scheuer, his wife, to cancel a deed executed by the Scheuers to Bothe to 170 acres of land in Arkansas County, Arkansas, and to have specific performance of a contract in writing by Chas. Scheuer to him to the same land.
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Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; STATEMENT OE FACTS. B. F. Noack brought this suit in equity against H. Bothe and Chas. Scheuer and Martha Scheuer, his wife, to cancel a deed executed by the Scheuers to Bothe to 170 acres of land in Arkansas County, Arkansas, and to have specific performance of a contract in writing by Chas. Scheuer to him to the same land. Bothe defended the suit on the ground that Noack had breached his contract with Scheuer and was not entitled to the specific performance of it, and that under its terms he was entitled to…
1Opinion of the CourtHart, J.
(after stating the facts). The correctness of the decree of the chancellor depends upon the construction to be given the contract for the purchase of the land signed by Noack and Scheuer on the 26th day of July, 1919.
On the one hand, it is claimed by Bothe that Noack committed a breach of the contract by failing to pay the note for $2,000 due on January 5, 1920, and that therefore he was not entitled to a specific performance of the contract.
Counsel for Bothe contend further that the contract was made for the benefit of Bothe, and that Bothe, having paid the $2,000 note when it fell due and…
2Cases cited2 opinions
- Smith v. GloverSupreme Court of Arkansas · 1918
- Strickland v. ClementsSupreme Court of Arkansas · 1907
3Cited by1 opinion
- Wheeler v. WendletonSupreme Court of Arkansas · 1946