Souter v. Witt
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; Bmon 0. Ma-honey, Chancellor; STATEMENT BY THE COURT. Appellant bought of appellee a tract of land in Columbia County, Arkansas.
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Appeal from Columbia Chancery Court; Bmon 0. Ma-honey, Chancellor; STATEMENT BY THE COURT. Appellant bought of appellee a tract of land in Columbia County, Arkansas. The parties entered upon a written contract, which, so far as may be necessary to set forth, specified: “That, in consideration of the stipulations hereinafter contained and the payments to be made as herein specified, the first party agrees to sell unto the second party the following real estate: (here follows a description of the land and the contract continues as follows) : And the said second party, in consideration of the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The written contract is plain. There is a clause expressly making “time of the essence of the contract,” and other clauses which clearly show that the parties intended at the time of the execution of the contract that the payments should be made at the times stipulated. From the language of various provisions of the contract the conclusion is irresistible that payment at the time specified was made a condition precedent to the right of appellant to acquire the title, and to obtain a deed to the land. This being true,, the case, so far as the written…
2Cases cited6 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Ish v. Morgan, McRae & Co.Supreme Court of Arkansas · 1886
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Carpenter v. ThornburnSupreme Court of Arkansas · 1905
- Banks v. BowmanSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- White v. PageSupreme Court of Arkansas · 1950
- Dodds v. DoddsSupreme Court of Arkansas · 1969
- Wade v. Texarkana Building & Loan Ass'nSupreme Court of Arkansas · 1921
- Black v. BeenSupreme Court of Arkansas · 1959
- Hanson v. BrownSupreme Court of Arkansas · 1919
12 more not listed; retrieve them via the Exa API.