Hysmith v. Mills
Supreme Court of Arkansas
• Appeal from Woodruff Circuit Court, Southern District; J. M. Jachson, Judge; The court erred in sustaining the demurrer. The suit was brought under Kirby’s Digest, section 3651. No bond or affidavit was required.
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• Appeal from Woodruff Circuit Court, Southern District; J. M. Jachson, Judge; The court erred in sustaining the demurrer. The suit was brought under Kirby’s Digest, section 3651. No bond or affidavit was required. The facts stated in the complaint stated a cause of action under the statute. 36 Ark. 518. Appellants are entitled to judgment for double rent from March, 1919. 105 Ark. 128. A sale of leased property can not terminate a lease contract unless it is so stipulated in the lease. 95 Ark. 147. There is no such stipulation in this case. The rule is that the tenant is favored and not the…
1Opinion of the CourtSmith, J.
The decision in this case turns upon the-construction, to be given the following contract:
‘ ‘ This agreement to lease made and entered into this the 1st day of January, 1917, by and between W. R. Cain, hereinafter known as lessor, and R. E. Mills, hereinafter known and spoken of as lessee, witnesseth:-
“That the said lessor, hereby leases, demises and rents to the said lessee a certain store house situated on the north side of Main street in the town of Cotton Plant, Arkansas, said store house being a second door from the corner of Main street and Central avenue of Cotton Plant, Arkansas, and…
2Cited by1 opinion
- Khederian v. John T. Connor Co.Massachusetts Supreme Judicial Court · 1928