Rudisill v. Cross
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. Rufus D. Hearn, Judge. There was no consideration 'for the so-called second contract. Rap. & Law. Law Die., “ Consideration.” Appellee was liable, under sec. 3654, Mansf. Dig., without any contract. 1. When the fence was built, appellee became the owner of one-half of it, which he sold to appellant for what he owed appellant for building it. This was a good and valuable consideration. Mansf.
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APPEAL from Clark Circuit Court. Rufus D. Hearn, Judge. There was no consideration 'for the so-called second contract. Rap. & Law. Law Die., “ Consideration.” Appellee was liable, under sec. 3654, Mansf. Dig., without any contract. 1. When the fence was built, appellee became the owner of one-half of it, which he sold to appellant for what he owed appellant for building it. This was a good and valuable consideration. Mansf. Dig., sec. 1673; 31 Ark., 631; 27 id., 407; 33 id., 97. ^ 2. Sec. 3654, Mansf. Dig., only means that a party joining shall pay half the expense of keeping up the joint…
1Opinion of the CourtHughes, J.
The appellant sued the appellee in the court of a justice of the peace for half the cost of a partition fence, and recovered judgment for $18.47, from which appellee prosecuted an appeal to the circuit court, where judgment was rendered in his favor, from which the appellant prosecutes this appeal.
The parties agreed to build a partition picket fence between their town lots. Appellant built the entire fence, and appellee refused to pay for half the entire fence, contending that he was to pay for half of that part only of the fence used by him. Appellee had joined his fence to the partition…
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