Kincaid v. Price
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Where a vendee has been induced to purchase a section of land relying upon the representations of the vendor and his agent that there was . not over forty acres of the land in timber and that six hundred acres of it was prarie land susceptible of being mowed for hay, and it develops afterwards that these representations were untrue, and that there was 144 acres of the land in timber, and not over 350 acres…
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Where a vendee has been induced to purchase a section of land relying upon the representations of the vendor and his agent that there was . not over forty acres of the land in timber and that six hundred acres of it was prarie land susceptible of being mowed for hay, and it develops afterwards that these representations were untrue, and that there was 144 acres of the land in timber, and not over 350 acres of “mow” land, the vendee is entitled to a rescission of the contract of purchase and to judgment for the part payment…
1Opinion of the CourtRiddick, J.
This is a suit in equity to rescind a contract for the sale of a section of land in Prairie County, Arkansas. W, M. Price, Jr., of Stuttgart, Arkansas, sold this land to John A. and Ella S. Kincaid of Springfield, Illinois, for the sum of thirty-five dollars per acre, amounting in all to $22,400. Kincaid and his wife, Ella S. Kincaid, thereupon executed two notes for the purchase price, one for $2,400 to be paid in sixty days, the other for $20,000 to be paid in six months. Price executed a deed for the land. The sixty-day note was delivered to Price, and the other note and deed was deposited…
2Cases cited1 opinion
- Neely v. RembertSupreme Court of Arkansas · 1902
3Cited by12 opinions
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Massey v. TyraSupreme Court of Arkansas · 1950
- Shatford v. ShatfordSupreme Court of Arkansas · 1949
- Green v. BushSupreme Court of Arkansas · 1942
- English v. NorthSupreme Court of Arkansas · 1914
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