Mays v. Blair
Supreme Court of Arkansas
Appeal from. Searcy 'Chancery Court; T. 71. Humphreys, Chancellor; 1. A vendee is entitled to the return of his money where the vendor is unable to produce the title contracted for. '20 Ark. 437; 47 Ark. 21; 86 Ark. 446. In this case the vendor failed to comply with his contract to convey the land by January 10,1913, by warranty deed with complete abstract certified up to date. It was not the intention of the parties to rely simply upon the warranty deed of the grantor.
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Appeal from. Searcy 'Chancery Court; T. 71. Humphreys, Chancellor; 1. A vendee is entitled to the return of his money where the vendor is unable to produce the title contracted for. '20 Ark. 437; 47 Ark. 21; 86 Ark. 446. In this case the vendor failed to comply with his contract to convey the land by January 10,1913, by warranty deed with complete abstract certified up to date. It was not the intention of the parties to rely simply upon the warranty deed of the grantor. The “complete abstract, certified up to date,” specifically called for by the contract, means such a record title, reflected…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant, Ed Mays, to recover a portion of the contract price which he had paid to defendant, George T. Blair, on the purchase of 125 lots in the town of Leslie. The agreed purchase price was the sum of $10,000, of which $2,000 was paid in the beginning, and a thousand, dollars paid subsequently. Appellant’s claim is that the vendor broke the contract by failing to furnish a marketable title to the lots sold; and appellees, Blair and wife, claim that they furnished not only a perfect legal title, but a marketable title, and that appellant broke the contract by…
2Cases cited6 opinions
- Leroy v. HarwoodSupreme Court of Arkansas · 1915
- Griffith v. MaxfieldSupreme Court of Arkansas · 1897
- Tupy v. KocourekSupreme Court of Arkansas · 1899
- Tatum v. CroomSupreme Court of Arkansas · 1895
- Adams v. EdgertonSupreme Court of Arkansas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Moser v. TuckerCourt of Appeals of Texas · 1917
- Hinton v. MartinSupreme Court of Arkansas · 1922
- Shelton v. RatterreeSupreme Court of Arkansas · 1915
- Carrick v. GormanSupreme Court of Arkansas · 1960
- Dalton v. LybargerSupreme Court of Arkansas · 1922
14 more not listed; retrieve them via the Exa API.