Whipple v. Driver
Supreme Court of Arkansas
Appeal from Craigbead Circuit Court, Jonesboro District; B. H. Dudley, Judge; 1. Under the undisputed evidence the lease was terminated by failure of the tenant to pay the overdue rent within the three days after the service of notice. Steel & McCampbell’s Digest, Ark Ter., p. 262, § 7; Rev. Stat. Ark. Ch. 63; 4 Ark. 147; Acts 1845, p. 103, amended by Act December 3,1846, and January 19,1855; Ark.
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Appeal from Craigbead Circuit Court, Jonesboro District; B. H. Dudley, Judge; 1. Under the undisputed evidence the lease was terminated by failure of the tenant to pay the overdue rent within the three days after the service of notice. Steel & McCampbell’s Digest, Ark Ter., p. 262, § 7; Rev. Stat. Ark. Ch. 63; 4 Ark. 147; Acts 1845, p. 103, amended by Act December 3,1846, and January 19,1855; Ark. Civil Code, 150-155; Act December 16, 1868, § 11, par. 11; 27 Ark. 460; Act March 27, 1871, pp. 343-348. 2. Non-payment of rent was not made basis of action until Mansfield’s Digest, section 3348;…
1Opinion of the CourtSmith, J.
The parties to this litigation entered into a written contract whereby Whipple, the land owner, rented to Driver, the tenant, a certain farm for the annual rental of fifteen hundred dollars, payable on November 15 of each year, and expiring with the year 1920'. The contract is a very lengthy one and imposed many conditions upon the tenant, after the enumeration of all of which the following clause was inserted:
“It is further agreed that the failure of the said second party (Driver) to keep any of the covenants and conditions on his behalf herein contained shall be ground for declaration by…
2Cases cited2 opinions
- Bradley v. HollimanSupreme Court of Arkansas · 1918
- McCain v. StateSupreme Court of Arkansas · 1917
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- Williams Grain Company, Inc., a Corporation v. Leval & Company, Inc. (Now Louis Dreyfus Corporation), and Bunge CorporationCourt of Appeals for the Eighth Circuit · 1960
- Darcey v. MatthewsCourt of Appeals of Arkansas · 2017