Tillar v. Cleveland
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. Hon. J. A. Williams, Circuit Judge. 1. There Was no usury in the transaction. Tillar bought the lot, and sold it to Cleveland at a profit. 2. It was error to admit parol testimony to prove that Harding sold the land to Cleveland instead of Tillar. 3. The court erred in requiring the deed to be made to Cleveland instead of the child.
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APPEAL from Jefferson Circuit Court in Chancery. Hon. J. A. Williams, Circuit Judge. 1. There Was no usury in the transaction. Tillar bought the lot, and sold it to Cleveland at a profit. 2. It was error to admit parol testimony to prove that Harding sold the land to Cleveland instead of Tillar. 3. The court erred in requiring the deed to be made to Cleveland instead of the child. Mrs. Cleveland held the bond for title, and on her death the land descended to her heir. 4. The court could not change the contract and then enforce it. Waterman on. Spec. Perf., sec. ipj note ‡. As Tillar purchased…
1Opinion of the CourtSmith, J.
It appears from the pleadings and proofs in this ease that Cleveland, a clerk in a store of which Tillar was one of the proprietors, had made a parol bargain with the owner for the purchase of a lot in Fine Bluff, upon which stood an unfinished dwelling-house. The price of the lot was $150, and it was estimated that $120 would be required to complete the house. And Cleveland applied to Tillar to borrow these several sums, offering security and the payment of the highest rate of legal interest. Tillar replied that his money was worth more than ten per cent, per annum, but proposed to advance…
2Cases cited1 opinion
- Scott v. LloydSupreme Court of the United States · 1835
3Cited by22 opinions
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- Wilcox v. MooreMichigan Supreme Court · 1958
- Britz v. KinsvaterArizona Supreme Court · 1960
- Crisco v. Murdock Acceptance Corp.Supreme Court of Arkansas · 1953
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