Prewett v. Vaughn
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Hon. George W. Beazley, Circuit Judge. Since the case of Wheat vs. Dotson, 7 Eng. 699, it cannot be questioned that part payment may be plead at law, and if this be so the 4th plea was improperly stricken from the record.
Read the full summary
Appeal from St. Francis Circuit Court. Hon. George W. Beazley, Circuit Judge. Since the case of Wheat vs. Dotson, 7 Eng. 699, it cannot be questioned that part payment may be plead at law, and if this be so the 4th plea was improperly stricken from the record. The case of Smith vs. Henry, 2 Eng. 208, decides that the vendor must prepare and tender the deed and demand the purchase money; and this although the obligation for the purchase money has been assigned; or the contract of purchase rests in parol. A vendor cannot bring an action for the purchase money without having executed a…
1Opinion of the CourtChief Justice English
This was an action of debt, by petition and summons, brought by John W. Vaughn against Wilson C. Prewett, upon three writings obligatory, for $500 each, made by Samuel 1\. Williams (who was not sued) and Prewett to N. W. Williams, on the 2d March, 1857, payable 1st of July following; and assigned by the obligee to the plaintiff on the day the}! were executed.
Prewett filed eight pleas; the court struck out the 2d and 4th, and sustained a demurrer to the 6th, 7th and 8th, the cause was tried on issues to the 1st, 3rd and 5th {nil debet, payment, and set-off,) and judgment in favor of the…
2Cases cited1 opinion
- Very v. WatkinsSupreme Court of Arkansas · 1857