Sims v. Best
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Archer Wheatley, Chancellor; Appellant in 1917 violated his contract deliberately and without cause, and the consideration for the sale was just as appellant contends it was, and appellee breached his contract; if not, appellee was not entitled to specific performance. 26 Cyc. 619; 47 Ark. 519; 1 S.W. 869; 4 Ark. 452; 23 Id. 704; 121 Id. 302; 18 Am.
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Appeal from Crittenden Chancery Court; Archer Wheatley, Chancellor; Appellant in 1917 violated his contract deliberately and without cause, and the consideration for the sale was just as appellant contends it was, and appellee breached his contract; if not, appellee was not entitled to specific performance. 26 Cyc. 619; 47 Ark. 519; 1 S.W. 869; 4 Ark. 452; 23 Id. 704; 121 Id. 302; 18 Am. Rep. 84; 91 S. W. 183; 9'S. W. 500; 59 Atl. 648; 19 S. W. 527; 186 N. Y. 736. Appellee deliberately violated his contract and relieved appellant from all his obligations and the complaint should be dismissed.…
1Opinion of the Court
HART, J.,
(after stating the facts). The main reliance of counsel for the defendant for a reversal of the decree is, that a preponderance of the evidence shows that the real transaction between the parties was that Best should remain in the employment of Sims as manager of his saw mill until Sims paid his indebtedness to the Bond & Mortgage Company and that the written contract for the sale of the land was executed pursuant to that agreement; and that the agreement of Best to remain in the employment of Sims at his saw mill was a part of the consideration for the execution of. the written…
2Cases cited6 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Barnett v. HugheySupreme Court of Arkansas · 1891
- Williams v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1913
- Armstrong v. Union Trust Co.Supreme Court of Arkansas · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Loveless v. DiehlSupreme Court of Arkansas · 1963
- Brown v. AquilinoCourt of Appeals of Arkansas · 1980
- Loveless v. DiehlSupreme Court of Arkansas · 1962
- Howard v. HowardSupreme Court of Arkansas · 1922
- Moncrief v. MillerSupreme Court of Arkansas · 1929
6 more not listed; retrieve them via the Exa API.