Edwards v. Locke
Supreme Court of Arkansas
Appeal from Sharp Chancery Court, Southern District; George T. Humphries, Chancellor; ■ 1. The court erred in overruling the s demurrer to the complaint. No tender of compensation for betterments was made, nor otter to restore benefits. 4 E. C. L. 509-10-11-12-13-14, etc. 2. Appellee is barred by laches and estopped by her conduct. Ann. Cases, 1913 E. Yol. 30, pages 436-7-8-9; 9 C. J. 1201, § 82; 4 E. C. L. 514, § 26. 3. No fraud, duress or undue influence is shown.
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Appeal from Sharp Chancery Court, Southern District; George T. Humphries, Chancellor; ■ 1. The court erred in overruling the s demurrer to the complaint. No tender of compensation for betterments was made, nor otter to restore benefits. 4 E. C. L. 509-10-11-12-13-14, etc. 2. Appellee is barred by laches and estopped by her conduct. Ann. Cases, 1913 E. Yol. 30, pages 436-7-8-9; 9 C. J. 1201, § 82; 4 E. C. L. 514, § 26. 3. No fraud, duress or undue influence is shown. The deed was in compensation for services rendered and to be rendered. 128 Ark. 143. There was no failure of consideration. 129…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) Appellant contends that the demurrer to the complaint should have been sustained for the reason that the appellee did not tender therein compensation for the betterments nor offer to restore the benefits she received from the appellant. The general rule is that a plaintiff in a suit for the rescission or cancellation of ,a written instrument should allege in his bill that prior to the institution of his suit he had a made a formal tender to restore to the defendant whatever benefits he had received as the result of the transaction, or that he had…
2Cases cited8 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Bruer v. BruerSupreme Court of Minnesota · 1909
- Salyers v. SmithSupreme Court of Arkansas · 1900
- Russell v. RobbinsIllinois Supreme Court · 1910
- Stebbins v. PettyIllinois Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Goodwin v. TysonSupreme Court of Arkansas · 1925
- Fisher v. SellersSupreme Court of Arkansas · 1949
- Green v. WhitneySupreme Court of Arkansas · 1949
- Federal Land Bk. of St. Louis v. MillerSupreme Court of Arkansas · 1931
- Owen v. OwenSupreme Court of Arkansas · 1932
9 more not listed; retrieve them via the Exa API.