Johnston v. Fuqua
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Appellants were under no obligation to tender money or deed. The extent of their duty was to furnish a purchaser ready, able and willing to buy. 91 Ark. 212. 2. Instruction 1, given at appellee’s request, was erroneous in that it is abstract and inapplicable to the facts in the case.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Appellants were under no obligation to tender money or deed. The extent of their duty was to furnish a purchaser ready, able and willing to buy. 91 Ark. 212. 2. Instruction 1, given at appellee’s request, was erroneous in that it is abstract and inapplicable to the facts in the case. It ignores any question of estoppel of appellee by reason of occurrences after the alleged statement that the contract expired June 1, was made. It applies the principle of estoppel as to appellants and absolves appellee therefrom. Not only was this…
1Opinion of the CourtMcCulloch, C. J.
Appellants instituted this action in the circuit court of Miller County against appellee to recover the amount of commissions alleged to have been earned in the sale of a tract of land in Miller County owned by appellee. The tract of land in question is composed of about 2,000 acres, a part of which is in cultivation, and on March 1,1911, a written contract was entered ihto between the parties to this action whereby appellee granted to appellants the exclusive right to sell said property during the period of four months thereafter, and provided that they should have as their commission all…
2Cases cited1 opinion
- Hill v. JebbSupreme Court of Arkansas · 1892
3Cited by4 opinions
- Tiner v. TinerSupreme Court of Arkansas · 1964
- Kennedy Kennedy v. VanceSupreme Court of Oklahoma · 1949
- Moore v. StateSupreme Court of Arkansas · 1916
- Wing v. DavisSupreme Court of Arkansas · 1919