Turpin v. Beach
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. On the 1st day of February, 1904, L,. B. Beach entered into a written contract with Willis Guinn, a negro, to convey to him the real estate involved in this controversy. The consideration named in the contract was $550. The contract re-cities that $25 of it were paid in cash, and that notes bearing the same date as the instrument were executed for the deferred payments.
Read the full summary
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. On the 1st day of February, 1904, L,. B. Beach entered into a written contract with Willis Guinn, a negro, to convey to him the real estate involved in this controversy. The consideration named in the contract was $550. The contract re-cities that $25 of it were paid in cash, and that notes bearing the same date as the instrument were executed for the deferred payments. They were negotiable and payable to the order of L. B. Beach as follows: $30 due March 28, 1904, and thirty dollars' every three months…
1Opinion of the Court
Hart, J.,
(after stating the facts.) We think the decree of the chancellor was' erroneous, and that it would be inequitable to declare a forfeiture under the facts disclosed in the record. Braddock v. England, 87 Ark. 393, and cases cited. Besides, the unpaid notes were negotiable, and some of them net yet due, and the contract contemplates a surrender of the notes if a forfeiture is declared. In his letter to Guinn, Beach only offers to cancel and deliver the notes to him on Guinn’s surrendering his copy of the contract properly assigned. The notes were never cancelled or surrendered to…
2Cases cited4 opinions
- Lenon v. BrodieSupreme Court of Arkansas · 1906
- Braddock v. EnglandSupreme Court of Arkansas · 1908
- White v. SmithSupreme Court of Arkansas · 1897
- East v. KeySupreme Court of Arkansas · 1907
3Cited by11 opinions
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Kampman v. KampmanSupreme Court of Arkansas · 1911
- Ashworth v. HankinsSupreme Court of Arkansas · 1970
- Three States Lumber Co. v. BowenSupreme Court of Arkansas · 1910
- Feibelman v. HillSupreme Court of Arkansas · 1919
6 more not listed; retrieve them via the Exa API.