Kirby v. Young
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; 1. The finding of the chancellor that no misrepresentations were made as to the condition of the oil engine is contrary to the clear preponderance of the testimony, and Kirby had the right to offset against the note for $3,000 the sums he had been damaged by reason of appellee Young’s misrepresentations as to the condition of the oil engine, and (2) that under his agreement with Young and Birdsong he had…
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Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; 1. The finding of the chancellor that no misrepresentations were made as to the condition of the oil engine is contrary to the clear preponderance of the testimony, and Kirby had the right to offset against the note for $3,000 the sums he had been damaged by reason of appellee Young’s misrepresentations as to the condition of the oil engine, and (2) that under his agreement with Young and Birdsong he had assumed to pay only so much of the two incumbrances as were specifically set out in the said agreement, which expressly…
1Opinion of the CourtHumphreys, J.
This suit was commenced by appellees, M. Gr. Young and A. W. Birdsong, against appellants in the Lonoke Chancery Court, to foreclose a mortgage for $3,000 on a tract of land containing 627.23 acres in Lonoke.County, Arkansas, sold by appellees, M. G. Young and A. W. Birdsong, to appellant, H. H. Kirby. Appellee W. T. McBride was the beneficiary, and appellee W. E. Lenon the trustee in a prior mortgage for $15,000 on a tract of land consisting of 707.23 acres, which tract included the 627.23 acres, the latter mortgage having been executed by appellees M. G. Young and A. W. Birdsong and their…
2Cases cited12 opinions
- Johnson v. CulverIndiana Supreme Court · 1888
- Whitney v. . AllaireNew York Court of Appeals · 1848
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Thompson v. LibbySupreme Court of Minnesota · 1886
- Haven v. NealSupreme Court of Minnesota · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Automobile Ins. Co. v. Barnes-Manley Wet Wash Laundry Co.Court of Appeals for the Tenth Circuit · 1948
- W. A. McClung v. W. C. Thompson, W. C. Thompson v. W. A. McClungCourt of Appeals for the Eighth Circuit · 1968
- McCown v. NicksSupreme Court of Arkansas · 1926
- Trent v. JohnsonSupreme Court of Arkansas · 1932
- Wallace v. HammondsSupreme Court of Arkansas · 1926
7 more not listed; retrieve them via the Exa API.