Carpenter v. Thornburn
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court. John M. Eeeiott, Chancellor. STATEMENT BY THE COURT. In December, 1896,* Joseph Thornburn, being the owner of 445 acres of land in Arkansas, entered into a contract with W. N. Carpenter by which he agreed to lease the land to Carpenter for five years for a specified rent for each year, to be paid on the first day of November of each year, commencing with the year 1897 and ending with the year 1901. The aggregate amount for all the years…
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Appeal from Arkansas Chancery Court. John M. Eeeiott, Chancellor. STATEMENT BY THE COURT. In December, 1896,* Joseph Thornburn, being the owner of 445 acres of land in Arkansas, entered into a contract with W. N. Carpenter by which he agreed to lease the land to Carpenter for five years for a specified rent for each year, to be paid on the first day of November of each year, commencing with the year 1897 and ending with the year 1901. The aggregate amount for all the years was nearly nine hundred dollars. The contract, among other matters, contained the following stipulations: • “Time being…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action to recover the amount due on a note given for rent of land. The defendant admits the execution of the note, and states that,', though it purports to be for rent, it was in fact executed for a part of the purchase price of the land, and that he is ready now, .and has always been ready and willing, to pay it if plaintiff will ■execute a deed to the land. He contends that, as equity abhors. forfeitures, he has still the right to pay the note and the remainder ■of the price and take the land. The law on this point, so far as :it applies to…
2Cases cited2 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
3Cited by14 opinions
- Murphy v. MyarSupreme Court of Arkansas · 1910
- Souter v. WittSupreme Court of Arkansas · 1908
- Thomas v. JohnstonSupreme Court of Arkansas · 1906
- Hafemann v. KorinekWisconsin Supreme Court · 1954
- Banks v. BowmanSupreme Court of Arkansas · 1907
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