H. & W. Blunt v. Williams
Supreme Court of Arkansas
ERROR TO JEFFERSON CIRCUIT COURT. IIon. William M. Harrison, Circuit Judge. The declaration is insufficient, and the demurrer to defendant’s plea reaches back to these defects. See Bose Dig. Tit.
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ERROR TO JEFFERSON CIRCUIT COURT. IIon. William M. Harrison, Circuit Judge. The declaration is insufficient, and the demurrer to defendant’s plea reaches back to these defects. See Bose Dig. Tit. Demurrer, page 269, section 34. 'There was no covenant to pay $4000 for the entire interest of Williams, only permission given to buy at a certain price, and no breach could be assigned: 10 Johns. 575 ; 2 Hayer. 127; 7 Cowen662. The declaration, not averring that the plaintiff sold and delivered up the said entire half interest to the defendants, is materially defective, and shows no cause of action…
1Opinion of the Court
Whytock, Special J.
This is an appeal from the Circuit Court of Jefferson county, from a judgment rendered in that (ourt against the defendants, II. W. & Wm. N. Blunt, on the ¡5th day of October, 1867. Motioiis for a new trial, and in wrest of judgment, were made and overruled. The action was brought upon a contract, or articles o’f agreement, under seal, bearing date March, 1866, executed by all the parties, and by which -the plaintiff, Williams, agreed to sell to the Blunts a half interest in the lease and outfit of a plantation, known as the McKinsev place, for the sum of $3000, to be paid…
2Cases cited5 opinions
- Blackburn v. MortonSupreme Court of Arkansas · 1857
- Graham v. RoarkSupreme Court of Arkansas · 1861
- Nevill v. HancockSupreme Court of Arkansas · 1855
- Glover v. TuckNew York Supreme Court · 1840
- Moss ad. v. SmithSupreme Court of Arkansas · 1858
3Cited by4 opinions
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- Hume v. Indiana National Life InsuranceSupreme Court of Arkansas · 1922
- Ueland v. DealyNorth Dakota Supreme Court · 1903
- Stainback v. HendersonSupreme Court of Arkansas · 1906