Little Rock Ice Co. v. Consumers Ice Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The note was void under the terms of the written contract of lease. 99 Ark. 193. 2. Tie note was void because tie consideration for wiici it was given failed.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The note was void under the terms of the written contract of lease. 99 Ark. 193. 2. Tie note was void because tie consideration for wiici it was given failed. "Wien tie notes were executed by appellant, tiere was an implied warranty on tie part of appellee tiat tie plant was and would continue to be suitable and usable for tie purposes for wiici it was leased. 24 Cyc. 1201; 9 Cyc. 369; 11 Conn. 432; 11 Joins. 50. 3. Tie note was void because of tie false and fraudulent representations made as to tie condition of tie plant…
1Opinion of the CourtHart, J.
On the first day of April, 1907, the Consumers Ice Company, a domestic corporation, by a contract in writing leased its ice plant to the Little Bock Ice Company, also a domestic corporation, for the term of ten years, at an annual rental of $2,500 per year, payable in advance. Notes were executed for the rent and this suit was instituted by the plaintiff, the Consumers Ice Company, against the defendant, the Little Rock Ice Company, to recover on the note for rent which matured on the first day of March, 1913.
The defendant answered and denied any liability on the note and averred that it had…
2Cases cited5 opinions
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Louisville Underwriters v. DurlandIndiana Supreme Court · 1890
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Kirby v. WylieCourt of Appeals of Maryland · 1908
- Watson v. AlmirallAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Peterson v. Royal Insurance CompanySupreme Court of North Carolina · 1959
- Oliver v. HartzellSupreme Court of Arkansas · 1926
- Rogers v. Rob Roy Plantation CompanySupreme Court of Arkansas · 1945