Ashford v. Mace
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; 1. The court erred in proceeding upon the theory that the knowledge or intention of the lessor at the time of making the lease would not affect the legality of the contract, and in holding that it was not a proper issue in the case unless an intention appeared from the contract that the lessor was to receive a benefit therefrom.
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Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; 1. The court erred in proceeding upon the theory that the knowledge or intention of the lessor at the time of making the lease would not affect the legality of the contract, and in holding that it was not a proper issue in the case unless an intention appeared from the contract that the lessor was to receive a benefit therefrom. The principle applies, even in States where it is ruled that recovery may be had for sales of personalty for immoral purposes, that where real property is leased with knowledge that it is to be used for…
1Opinion of the CourtWood, J.
The question presented by this appeal is whether or not mere knowledge on the part of a lessor that his lessee intended to sublet the premises leased for the purpose of running a bawdy house would render the contract or lease void.
In the case of O’Bryan v. Fitzpatrick, 48 Ark. 487, liquor was sold with knowledge on the part of the seller that the liqour would be resold in violation of the law, and under circumstances which showed that the seller intended that it should be resold. This court, speaking through Judge Cock-rill, said i
“Mere knowledge by the vendor that liquor is to be resold in…
2Cases cited13 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Hanauer v. DoaneSupreme Court of the United States · 1871
- Michael v. BaconSupreme Court of Missouri · 1872
- Ralston v. BoadySupreme Court of Georgia · 1856
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3Cited by6 opinions
- Zeitz v. FoleyCourt of Appeals of Kentucky (pre-1976) · 1954
- United States v. HarrisonCourt of Appeals for the Third Circuit · 1941
- Hoefeld v. OzelloIllinois Supreme Court · 1919
- Bank of Commerce & Trust Co. v. BurkeTennessee Supreme Court · 1916
- Potomac Leasing Co. v. Vitality Centers, Inc.Supreme Court of Arkansas · 1986
1 more not listed; retrieve them via the Exa API.