Block v. Smith
Supreme Court of Arkansas
Appeal from Cross Circuit Court in Chancery. James B. Riddick, Judge. STATEMENT BY THE COURT. In 1889, appellees, R. M. Smith and C. M. Hamilton, then engaged as a partnership in a mercantile business, and being the owners of the north part of the southwest quarter of section 33 in township 7 north, of range 4 east, and the north half of private survey 494, township 6 north, and of range 4 east, in Cross county, Arkansas, bargained and sold the same to appellant, Sam Benson,…
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Appeal from Cross Circuit Court in Chancery. James B. Riddick, Judge. STATEMENT BY THE COURT. In 1889, appellees, R. M. Smith and C. M. Hamilton, then engaged as a partnership in a mercantile business, and being the owners of the north part of the southwest quarter of section 33 in township 7 north, of range 4 east, and the north half of private survey 494, township 6 north, and of range 4 east, in Cross county, Arkansas, bargained and sold the same to appellant, Sam Benson, for the sum and price of $2,000, to be paid in five equal installments, due and payable on the 15th days of ■ December,…
1Opinion of the Court
Bunn, C. J.,
(after stating the facts). The first question that presents itself for our consideration is, was there an abandonment of the purchase, and an election to stand on the alternative part of the contract, to-wit, the lease? By their suit plaintiffs elected to proceed under the lease or rent clause of the contract. The appellants, by their contention, deny that plaintiffs below (and appellees here) had any election in the matter, and from that standpoint contend that “the burden is on appellees to show, by a preponderance of the testimony, some sort of contract whereby Benson became…
2Cases cited8 opinions
- Converse v. BlumrichMichigan Supreme Court · 1866
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
- Coles v. ShepardSupreme Court of Minnesota · 1883
- Roberts v. JacksSupreme Court of Arkansas · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Murphy v. MyarSupreme Court of Arkansas · 1910
- White v. PageSupreme Court of Arkansas · 1950
- Citizens' Nat. Bank of Jasper v. Ratcliff & LanierTexas Commission of Appeals · 1923
- Berry v. CrawfordSupreme Court of Arkansas · 1963
12 more not listed; retrieve them via the Exa API.