Smith v. Caldwell
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. The plaintiff, A. S. Caldwell, commenced an action at law against the defendants, J. P. Smith and H. W. Long, to recover the amount of a note, dated September 23, 1897, and payable October 1, 1898, for $324, given for rent of certain lands in Monroe County. The note recited the fact that it was given for rent of the lands described.
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Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. The plaintiff, A. S. Caldwell, commenced an action at law against the defendants, J. P. Smith and H. W. Long, to recover the amount of a note, dated September 23, 1897, and payable October 1, 1898, for $324, given for rent of certain lands in Monroe County. The note recited the fact that it was given for rent of the lands described. The defendants answered, in substance, that they purchased said lands from plaintiff for the sum of $2,576, pa3^able in installments (the note sued on being the installment for…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The court properly sustained exceptions to the testimony contradicting the terms of the written contract. It was a contract for rent, and not for sale of the land (Carpenter v. Thornburn, 76 Ark. 578), and oral testimony was not admissible to contradict or vary its terms. Colonial & U. S. Mortgage Co. v. Jeter, 71 Ark. 185.
According to the express terms of the contract, time being of the essence thereof, the defendants, having failed to pay the rent for the year 1897, were not entitled to hold possession for the succeeding year, nor to claim…
2Cases cited2 opinions
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Carpenter v. ThornburnSupreme Court of Arkansas · 1905
3Cited by3 opinions
- Murphy v. MyarSupreme Court of Arkansas · 1910
- Banks v. BowmanSupreme Court of Arkansas · 1907
- Virginia Railway & Power Co. v. HarrisSupreme Court of Virginia · 1918