Brickey v. Continental Gin Co.
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT by the court. Appellee was the plaintiff below, and alleged in its complaint, which was filed on October 10, 1913, that it had sold the defendants a gin outfit for the sum of $1,572, of which $524.04 had been paid in cash; the balance to be paid according to the terms of certain notes, made a part of the contract of sale, due and payable November 15, 1913, and November 15, 1914, respectively; that the defendants…
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Appeal from Conway Circuit Court; Hugh Basham, Judge; STATEMENT by the court. Appellee was the plaintiff below, and alleged in its complaint, which was filed on October 10, 1913, that it had sold the defendants a gin outfit for the sum of $1,572, of which $524.04 had been paid in cash; the balance to be paid according to the terms of certain notes, made a part of the contract of sale, due and payable November 15, 1913, and November 15, 1914, respectively; that the defendants agreed to insure the property in ten days after its arrival in some good and reliable insurance company in the snm of…
1Opinion of the Court
Smith, J.,
(after stating the facts). This suit was brought upon the theory that the notes had matured and become payable because of appellants’ failure to insure the property, as required by the contract of sale.
Appellants alleged that the suit had been prematurely brought because of the subsequent agreement, by the terms of which appellee agreed to insure the property. The effect of such agreement, if valid, would be to abate the suit on the notes for the reason that it was prematurely brought. Appellees’ failure to insure the property would not make the notes due and payable, before they…
2Cases cited4 opinions
- Meyer v. RobertsSupreme Court of Arkansas · 1885
- Von Berg v. GoodmanSupreme Court of Arkansas · 1908
- Hickey v. ThompsonSupreme Court of Arkansas · 1889
- Rodgers v. WiseSupreme Court of Arkansas · 1913
3Cited by5 opinions
- Aetna Insurance v. ShortSupreme Court of Arkansas · 1916
- Caldwell v. DunnSupreme Court of Arkansas · 1922
- Cunningham v. HolzmarkMissouri Court of Appeals · 1931
- Dewberry v. Furst & ThomasSupreme Court of Arkansas · 1920
- Cunningham v. HolzmarkMissouri Court of Appeals · 1931