Mitchell v. Moore
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; Moore’s contract to make certain repairs and improvements and surrender the place at the time agreed upon “in a first-class tenantable condition and in a good state of repair” entered into and formed a part of the consideration for the payment of the $280 for the land appellant was to receive.
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Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; Moore’s contract to make certain repairs and improvements and surrender the place at the time agreed upon “in a first-class tenantable condition and in a good state of repair” entered into and formed a part of the consideration for the payment of the $280 for the land appellant was to receive. His failure to perform his agreement formed a proper basis for counterclaim when he brought suit. 70 Ark. 233; 64 Ark. 224; 20 Mo. 433; 66 Ind. 498; 52 Ark. 246; 13 Ark. 522; 21 Ark. 125; 25 Ark. 541; 30 Ark. 535; 50 Ark. 422; 14 Ark.…
1Opinion of the CourtMcCulloch, J.
Appellant and appellee were owners, as tenants in common, of certain lands in Faulkner County, and divided them, executing deeds to each other. By a collateral written contract appellant agreed to pay appellee the sum of $280 as the estimated difference in valuation between the two shares. At'the time of the division there was an unexpired contract between the parties whereby appellee leased the lands from appellant and agreed to pay a certain amount of annual rent and to keep up all the improvements on the farm and surrender it at the expiration of the term in good repair and in good state…
2Cases cited3 opinions
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- Daniel v. GordySupreme Court of Arkansas · 1907
- Hays v. McLainSupreme Court of Arkansas · 1899
3Cited by2 opinions
- Medlinsky v. Premium Cut Beef Co.Massachusetts Supreme Judicial Court · 1944
- Smith v. PriceSupreme Court of Arkansas · 1912