Higgs v. Smith
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Edward D. Robertson, Chancellor; In cases of this kind the vendor may rescind if the vendee refuses to pay the balance of the purchase price. Page on Contracts, § 1432; 6 Pomeroy’s Equity Jur. 1331, 1339; 9 Ark. 561; 72 Ark. 360, 364; 70 Tex. 157; 87 Ark. 593; 76 Ark. 578; 76 U. S. 290, 19 L. Ed. 712; 1 Wall. 278, 17 L. .Ed. 536; 2 O. St. 326, 5 Am. Dec. 677; 47 Fed. 399; 53 Ga. 18; 80 111. 138; 16 Bar.
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Appeal from Crittenden Chancery Court; Edward D. Robertson, Chancellor; In cases of this kind the vendor may rescind if the vendee refuses to pay the balance of the purchase price. Page on Contracts, § 1432; 6 Pomeroy’s Equity Jur. 1331, 1339; 9 Ark. 561; 72 Ark. 360, 364; 70 Tex. 157; 87 Ark. 593; 76 Ark. 578; 76 U. S. 290, 19 L. Ed. 712; 1 Wall. 278, 17 L. .Ed. 536; 2 O. St. 326, 5 Am. Dec. 677; 47 Fed. 399; 53 Ga. 18; 80 111. 138; 16 Bar. (N. Y.) 629; 8 O. 198; 45 N. H. 388; 135 111. 380; 45 la. 45; 61 Cal. 239; 47 N. H. 11; 46 Cal. 532. The contract in question could not be. rescinded…
1Opinion of the CourtMcCulloch, C. J.
Appellant and appellee entered into a written contract on December 11, 1906, whereby the former agreed to sell, and the latter agreed to purchase, a tract of land in Crittenden County, Arkansas, for the price of $500, of which $250 was paid in cash and the balance payable January 1,1908, the contract containing a stipulation that the deed was to be executed when the last payment was made. Appellee was placed in possession of the land, a portion of which' was open and in cultivation, and it is claimed that he made additional improvements. Subsequently a controversy arose between the parties as…
2Cases cited5 opinions
- Stubbs v. PittsSupreme Court of Arkansas · 1907
- Lewis v. BoskinsSupreme Court of Arkansas · 1871
- Holman v. Patterson's HeirsSupreme Court of Arkansas · 1874
- Robertson v. ReadSupreme Court of Arkansas · 1889
- McConnell v. BeattieSupreme Court of Arkansas · 1879
3Cited by8 opinions
- Spaulding v. HaleySupreme Court of Arkansas · 1911
- Keylon v. ArnoldSupreme Court of Arkansas · 1948
- Weaver v. GilbertSupreme Court of Arkansas · 1949
- Williams v. BakerSupreme Court of Arkansas · 1944
- Manwaring v. Farmers' Bank of CommerceSupreme Court of Arkansas · 1919
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