Young v. Berman
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Slmith District; Daniel Hon, Judge; STATEMENT OE THE COURT. This was an action instituted by the appellees to recover for the rent of a two-story brick store house situated in the city of Fort Smith.
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Appeal from Sebastian Circuit Court, Fort Slmith District; Daniel Hon, Judge; STATEMENT OE THE COURT. This was an action instituted by the appellees to recover for the rent of a two-story brick store house situated in the city of Fort Smith. The original complaint was filed in May, 1909, and sought to recover the rent for the month of April, 1909. The cause was not tried until November 6, 1909, and on that day it was agreed by the parties orally in open court that the complaint might be considered amended so as to sue for rents due under the hereinafter mentioned lease for the months of…
1Opinion of the Court
Frauenthal,■ J.,
(after stating the facts). The appellant contends that he was entitled to an instruction embodying the principle that, in event the appellees failed to comply with their covenant to keep the building in habitable repair, then the appellant could not be compelled to comply with his covenant to pay rent. In other words, it is urged that if the appellees first committed a breach of the contract of lease then appellant had the right to cancel and surrender the lease, and in such event would not be liable for the rents of the building. He relies upon the principles announced by…
2Cases cited5 opinions
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Varner v. RiceSupreme Court of Arkansas · 1882
- St. Louis, Iron Mountain & Southern Railway Co. v. SandersSupreme Court of Arkansas · 1909
- Fish v. ThompsonMichigan Supreme Court · 1902
- Green v. BellMissouri Court of Appeals · 1877
3Cited by25 opinions
- Wawak v. StewartSupreme Court of Arkansas · 1970
- Tedstrom v. PuddephattSupreme Court of Arkansas · 1911
- Mitchell v. WeissCourt of Appeals of Texas · 1930
- Boswell v. GillettSupreme Court of Arkansas · 1956
- Bankers Mortgage Co. v. RobsonSupreme Court of Kansas · 1927
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