Evans v. Ozark Orchard Co.
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; 1. The abstract tendered did not show a marketable title. The acknowledgment was not good as a corporate act and no seal was attached. 78 Ala. 542; Maupin on Marketable Title, p. 61. 2. Waiver of performance by contract does not apply after nonperformance after breach.
Read the full summary
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; 1. The abstract tendered did not show a marketable title. The acknowledgment was not good as a corporate act and no seal was attached. 78 Ala. 542; Maupin on Marketable Title, p. 61. 2. Waiver of performance by contract does not apply after nonperformance after breach. A waiver to be binding must either operate by way of estoppel or be supported by valuable consideration. 72 Ark. 525. 3. Failure of one party to comply with terms releases the other party from compliance with it. 65 Ark. 320; 12 Id. 148; 9 Id. 489; 29 A. & E. (2…
1Opinion of the CourtMcCulloch, C. J.
Defendant and cross-complainant Ozark Orchard Company (a Missouri corporation) owned a tract of 2,000 acres of land in Benton County, Arkansas, a considerable portion of which was set in apple trees. It platted the land in small tracts of about five acres each, and placed same on the market for sale. Its principal office and place of business was in Kansas City. Plaintiff, C. W. Evans, resided at Rockford, Illinois, and entered into negotiations with a broker or selling agent for the purchase of some of said lands. He visited Benton County and, after inspecting the lands, selected six lots,…
2Cases cited2 opinions
- White River, Lonoke & Western Railway Co. v. Star Ranch & Land Co.Supreme Court of Arkansas · 1905
- Goodbar v. LindsleySupreme Court of Arkansas · 1888
3Cited by5 opinions
- Romer v. LeynerSupreme Court of Arkansas · 1955
- Zulver Realty Co. v. SnyderCourt of Appeals of Maryland · 1948
- Olmstead v. Rosedale Building & SupplySupreme Court of Arkansas · 1958
- Gilstrap v. StahlSupreme Court of Arkansas · 1921
- Elkins v. JohnsonSupreme Court of Arkansas · 1917