Sells v. Brewer
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; The trial court misconstrued the case of Geary v. Parker, 65 Ark. 521. There was no condition of forfeiture in that case and it was based on a construction of a statute. Here the rent was not paid when due and the lease declared forfeited and notice to quit served before the tender of rent.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; The trial court misconstrued the case of Geary v. Parker, 65 Ark. 521. There was no condition of forfeiture in that case and it was based on a construction of a statute. Here the rent was not paid when due and the lease declared forfeited and notice to quit served before the tender of rent. The contract is unambiguous and the contract was forfeited. 41 Ark. 532; 57 Id. 301; 24 Cyc. 1352, 1339. The court erred in its instructions. Supra.
1Opinion of the CourtSmith, J.
Appellant instituted an action of unlawful detainer against appellee to recover the possession of a certain tract of land which she had leased him for the period beginning June 1, 1908, and ending May 31, 1918. The rent was $30 per year, payable quarterly, and rent for one quarter was due on September 1st, but was not paid at that time. The lease contained the following clause:
“It is further agreed that the rent herein above provided for is to be paid quarterly, and if any quarter’s rent shall remain due and unpaid, after due date thereof, then and in that event party of the first part may…
2Cases cited3 opinions
- Williams v. ShaverSupreme Court of Arkansas · 1911
- Buckner v. WarrenSupreme Court of Arkansas · 1883
- Geary v. ParkerSupreme Court of Arkansas · 1898
3Cited by5 opinions
- Vereen v. HargroveCourt of Appeals of Arkansas · 2003
- Pierce v. KennedySupreme Court of Arkansas · 1943
- Hallbrooks v. RosserSupreme Court of Arkansas · 1920
- Salley v. MichaelSupreme Court of Arkansas · 1921
- Burton v. RiceSupreme Court of Arkansas · 1961