St. Louis, Iron Mountain & Southern Railway Co. v. Sanders
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; When one declares for a breach of special contract, it is incumbent on him to prove substantially the material allegations of the declaration. 21 Ark. 301; 11 Id. 733; 2 Id. 397; 41 Id. 399; 76 Id. 333. Exhibit A should have been stricken out. It is void for uncertainty of parties and subject-matter. 5 A. & E. Enc. Law (1 Ed.) 432-9; 9 lb. (2 Ed.) 132, (2); 2 Parsons, Cont.
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; When one declares for a breach of special contract, it is incumbent on him to prove substantially the material allegations of the declaration. 21 Ark. 301; 11 Id. 733; 2 Id. 397; 41 Id. 399; 76 Id. 333. Exhibit A should have been stricken out. It is void for uncertainty of parties and subject-matter. 5 A. & E. Enc. Law (1 Ed.) 432-9; 9 lb. (2 Ed.) 132, (2); 2 Parsons, Cont. (2 Ed.) 515; 60 Ark. 489; 22 Id. 64; 41 Id. 501; 7 A. & E. Enc. Law (2 ed.) 289. There is no proof that the right-of-way agent did or could delegate his authority.…
1Opinion of the CourtBattee, J.
During the year 1904 A. F. Hampton and his wife, Nancy, -owned the east half of the northeast quarter and southwest quarter of the northeast quarter of section five, in township eighteen north, and in range seventeen west, in Marion County, in this State, as an estate in entirety, and on the 15th day of April, 1904, R. X. DeGraw and W. P. Smith procured from them a deed conveying to the railway company a right of way over these lands, and executed to them an instrument of writing as follows:
“April 15th, 1904.
“It is hereby agreed by the St. Louis, Iron Mountain & Southern Railway Company that…
2Cases cited5 opinions
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Varner v. RiceSupreme Court of Arkansas · 1882
- St. Louis, Iron Mountain & Southern Railway Co. v. BerrySupreme Court of Arkansas · 1908
- Plunkett v. MeredithSupreme Court of Arkansas · 1903
- St. L., I. M. & S. Ry. v. O'BaughSupreme Court of Arkansas · 1887
3Cited by4 opinions
- Arnold v. JoinesSupreme Court of Oklahoma · 1915
- Young v. BermanSupreme Court of Arkansas · 1910
- Fort Smith Gas Co. v. GeanSupreme Court of Arkansas · 1932
- Arnold v. JoinesSupreme Court of Oklahoma · 1915