Legal Opinion

Abbott v. Herron

Supreme Court of Arkansas

Decided April 19, 1909PublishedCited by 7 opinions

Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. If the contract for rent was for more than one year and not in writing, it was void under the statute of frauds, and the jury should have been so instructed.

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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. If the contract for rent was for more than one year and not in writing, it was void under the statute of frauds, and the jury should have been so instructed. The tenancy was at will. 36 Ark. 5x8. 2. When a tender has been refused, it must be followed up in order to make it good, and when pleaded the money must be brought into court. 30 Ark. 505; 38 Ark. 329. 1. Parol lease of land for the term of one year, to commence at a date subsequent to the making of the contract, is valid. 65 Ark. 604. 2. The fact that appellee tendered $15…

1Opinion of the CourtBattle, J.

C. C. Abbott filed a complaint against Tate Herron in the Lonoke Circuit Court, alleging that he was the owner of and entitled to the possession of certain lots in the town of Lonoke, in this State. That on the 15th day of August, 1906, he leased the lots to the defendant for one year, and placed him in possession thereof. “That, after the expiration of said lease, plaintiff demanded possession and declined to lease the same to Herron for any additional length of time, because it was his intention to move to Lonoke permanently and occupy the premises himself. That afterwards, on the 6th day…

2Cases cited6 opinions

  1. Plunkett v. StateSupreme Court of Arkansas · 1904
  2. Brown v. StateSupreme Court of Arkansas · 1867
  3. Butler v. StateSupreme Court of Arkansas · 1879
  4. Jones v. Malvern Lumber Co.Supreme Court of Arkansas · 1893
  5. Hinson v. StateSupreme Court of Arkansas · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Furlow v. United Oil MillsSupreme Court of Arkansas · 1912
  2. McCourt Manufacturing Corp. v. RycroftSupreme Court of Arkansas · 2010
  3. King v. BolesSupreme Court of Arkansas · 1916
  4. Powell v. StateSupreme Court of Arkansas · 1960
  5. King v. CroneSupreme Court of Arkansas · 1914

2 more not listed; retrieve them via the Exa API.

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