Tedford Auto Co. v. Thomas
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Johm, E. Martineau, Chancellor; STATEMENT BY THE COURT. The appellant filed a complaint, the object and prayer of which was to reform a lease which appellant alleges it was induced to enter into by the false and fraudulent representations of the appellee, and to recover from, appellee certain rents which had been paid him, pursuant to the terms of said lease. To this complaint, a demurrer and cross complaint was filed.
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Appeal from Pulaski Chancery Court; Johm, E. Martineau, Chancellor; STATEMENT BY THE COURT. The appellant filed a complaint, the object and prayer of which was to reform a lease which appellant alleges it was induced to enter into by the false and fraudulent representations of the appellee, and to recover from, appellee certain rents which had been paid him, pursuant to the terms of said lease. To this complaint, a demurrer and cross complaint was filed. The cause of demurrer was that the complaint did not allege facts sufficient to constitute- a cause of action. The court sustained the…
1Opinion of the Court
Smith, J.,
(after stating the facts). The lease contract was exhibited with the complaint, and is the foundation of the action, and the allegations of the complaint are explanatory of its terms. Cox v. Smith, 99 Ark. 218. This lease contract makes no reference to any other lease, or the prices contained therein, and furnishes no means outside of its express terms for measuring the amount of rent, but its terms are plain and unambiguous, and requires no construction of its terms to ascertain its meaning, nor any reference to any other instrument to ascertain the amount of rent contracted to be…
2Cases cited3 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
3Cited by5 opinions
- Augusta Cooperage Co. v. BlochSupreme Court of Arkansas · 1922
- Eureka Stone Co. v. RoachSupreme Court of Arkansas · 1915
- Hoffman v. Rice-Stix Dry Goods Co.Supreme Court of Arkansas · 1914
- Waddell v. BowdreSupreme Court of Arkansas · 1922
- Burke v. Board of Improvement Paving District No. 5Supreme Court of Arkansas · 1915