Evans v. McClure
Supreme Court of Arkansas
. Appeal from Pulaski Circuit Court, Second. Division; Guy Fulk, Judge; ■': ' STATEMENT BY THE COURT. Rumina E. McClure owned a lot on Main Street, in the city of .Little Rock, Arkansas, on which was a building equipped and fixed up for the display of motion pictures, and rented it for that purpose to E. H. Hulsey for the term of five years from and after the first day of November, 1910, at a monthly rental of $300, payable in advance.
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. Appeal from Pulaski Circuit Court, Second. Division; Guy Fulk, Judge; ■': ' STATEMENT BY THE COURT. Rumina E. McClure owned a lot on Main Street, in the city of .Little Rock, Arkansas, on which was a building equipped and fixed up for the display of motion pictures, and rented it for that purpose to E. H. Hulsey for the term of five years from and after the first day of November, 1910, at a monthly rental of $300, payable in advance. The lease contract was in writing, and, among other provisions, contained the following: “Nine hundred dollars to be paid, in advance, for the last months of…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is claimed by counsel for the defendants that the nine hundred dollars paid by Hulsey, the lessee, to Mrs. McClure, the lessor, was in the nature of a deposit by the tenant to secure the performance of stipulations contained in the lease and that upon their eviction by Mrs. McClure they were entitled to recover the balance of same, after deducting the rent due Mrs. McClure. They rely upon the case of Cunningham v. Stockton, 81 Kan. 780; 106 Pac. 1059, and other cases of like character. In that case the court said:
“The lease did not contain an express…
2Cases cited3 opinions
- Cunningham v. StockonSupreme Court of Kansas · 1910
- Forgotston v. BrafmanAppellate Terms of the Supreme Court of New York · 1903
- Bloch v. TuckerSupreme Court of Arkansas · 1913
3Cited by20 opinions
- Dearborn Stove Co. v. CaplesTexas Supreme Court · 1951
- Wetzler v. PattersonCalifornia Court of Appeal · 1925
- Schoen v. New Britain Trust Co.Supreme Court of Connecticut · 1930
- Thomas Peebles & Co. v. ShermanSupreme Court of Minnesota · 1921
- Casino Amusement Co. v. Ocean Beach Amusement Co.Supreme Court of Florida · 1931
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