Harris v. Trueblood
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. False statements merely promissory in character can not be made the basis of an action for fraud and deceit. 121 Ark. 23; 91 Ark. 324.; 241 111. 521; 24 L. R. A. (N. S.) 733; 25 S. E. 529; 15 Ind. 11; 92 Va. 1. 2. An action ex delicto and one ex contractu can not be joined in tbe same complaint.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. False statements merely promissory in character can not be made the basis of an action for fraud and deceit. 121 Ark. 23; 91 Ark. 324.; 241 111. 521; 24 L. R. A. (N. S.) 733; 25 S. E. 529; 15 Ind. 11; 92 Va. 1. 2. An action ex delicto and one ex contractu can not be joined in tbe same complaint. Kirby’s Digest, § 6079; 23 Cyc. 415; 69 Ark. 209; 82 Mo. 242; 35 Id. 483; 34 Ind. 72; 31 Pac.* 259. 3. Tbe falsity of the alleged representations, and plaintiff’s ignorance of same are not alleged nor shown, nor that…
1Opinion of the CourtMcCulloch, C. J.
The controversy in this case .between appellee, C. W. Trueblood, who was the plaintiff below, and appellant, G. L. Harris, who was defendant below grew out of a transaction between . the parties whereby' the former conVeyed his farm in Crawford County to the latter in exchange for a meat shop in the city of Port Smith, and also sold to the latter, as alleged, a lot of personal property. The parties entered into a written contract, dated October 27, 1914, as follows:
“Whereas Charles W. Trueblood has this day sold and conveyed by warranty deed to G. L. Harris the following described real estate…
2Cases cited2 opinions
- Harriage v. DaleySupreme Court of Arkansas · 1915
- Mott v. American Trust Co.Supreme Court of Arkansas · 1916
3Cited by5 opinions
- Brown v. AquilinoCourt of Appeals of Arkansas · 1980
- Kapp v. Bob Sullivan Chevrolet Co.Supreme Court of Arkansas · 1960
- Sims v. BestSupreme Court of Arkansas · 1919
- Central Life Ins. Co. of Illinois v. ThompsonSupreme Court of Arkansas · 1930
- Lawrence v. MahoneySupreme Court of Arkansas · 1920