Beeson v. LaVasque
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Turner Butler, Judge; The court erred in sustaining the demurrer. The contract was not void for uncertainty as to the period of its duration. The contract does not fall within that class of contracts which are held void for uncertainty of duration.
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Appeal from Ashley Circuit Court; Turner Butler, Judge; The court erred in sustaining the demurrer. The contract was not void for uncertainty as to the period of its duration. The contract does not fall within that class of contracts which are held void for uncertainty of duration. The date of its beginning is fixed definitely and an event which must inevitably occur is specifically mentioned for its termination. 9 Cyc. 250; Coke, Litt. 45; 6 Coke 35; 21 111. App. 189; 6 R. C. L. 647; 78 Am. St. 914; 69 S. W. 552. 1. The demurrer was properly sustained, as the contract was void for…
1Opinion
OPINION ON REHEARING.
Hart, J.
It is well settled that a lease for years must be for a definite term. It is earnestly insisted by counsel for the defendant that the lease in question does not come within the rule just stated; but that the duration of the term is too uncertain for the lease to be enforceable. The lease in question was executed on the 30th day of June, 1917. The court will take judicial notice of conditions as they then existed. The United States had entered the world’s war, and a draft law had been enacted. V. A. Beeson had entered the military service of the United States with…
2Cases cited1 opinion
- Ely v. RandallSupreme Court of Minnesota · 1897