Garner v. Starling
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; George R. Haynie, Judge; STATEMENT OF FACTS. J. H. Starling brought suit against J. P. Garner to recover possession of 80 acres of land which he alleges the latter held over after the expiration of his tenancy. According to the testimony of J. H. Starling himself, he rented the land in controversy to J. P. Garner for the year 1917, and Garner went into immediate possession of the land in January of that year.
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Appeal from Lafayette Circuit Court; George R. Haynie, Judge; STATEMENT OF FACTS. J. H. Starling brought suit against J. P. Garner to recover possession of 80 acres of land which he alleges the latter held over after the expiration of his tenancy. According to the testimony of J. H. Starling himself, he rented the land in controversy to J. P. Garner for the year 1917, and Garner went into immediate possession of the land in January of that year. The contract was an oral one and Garner was to pay as rent one-fourth of all the crops grown on the place. There are 65 acres of land in cultivation.…
1Opinion of the Court
HART, J.,
(after stating the facts). The court did not err in instructing a verdict in favor of the plaintiff for the possession of the land. Under the statute, an oral contract for the lease of lands for a period of more than one year is within the statute of frauds and therefore void. This court has held that in order to take an oral contract of lease of land out of the statute of frauds, there must be substantial expenditures in the way of performance of the contract over and above the mere occupancy of the land, and payment of rent for the period actually occupied. Storthz v. Watts, 117…
2Cases cited2 opinions
- Phillips v. GrubbsSupreme Court of Arkansas · 1914
- Storthz v. WattsSupreme Court of Arkansas · 1915
3Cited by2 opinions
- Johnson v. TaylorSupreme Court of Arkansas · 1952
- Norton v. HindsleySupreme Court of Arkansas · 1969