Jones v. Lewis
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; 1. An option to purchase is a continuing offer by the vendor to sell. Its acceptance by the vendee completes the contract. 146 Fed. 8; 8 Am. & Eng. Cases 660; 21 Am. & Eng. Ene. L., (2nd Ed.), 929 and cases cited, note 1; Id. 926-929. 2. It was error for the court on its own motion to give a peremptory instruction in favor of the plaintiff, since there was evidence tending to support the defense set up by the defendant.
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Appeal from Polk Circuit Court; James S. Steel, Judge; 1. An option to purchase is a continuing offer by the vendor to sell. Its acceptance by the vendee completes the contract. 146 Fed. 8; 8 Am. & Eng. Cases 660; 21 Am. & Eng. Ene. L., (2nd Ed.), 929 and cases cited, note 1; Id. 926-929. 2. It was error for the court on its own motion to give a peremptory instruction in favor of the plaintiff, since there was evidence tending to support the defense set up by the defendant. Hughes, Instruction to Juries, § 140; Id. §' 141; Id. § 124; 30 So. 108; 33 N. Y. S. 55; 35 Ark. 147; 36 Ark. 451; 39…
1Opinion of the CourtFrauEnthae, J.
The appellee, who was the plaintiff below, instituted this suit against the defendant, and in substance alleged that he was the owner of 125 acres of land, and that in 1907 he employed the defendant to sell the land for him, and that it was agreed that if the land was sold for as much as $1000, the defendant was to have $200, and one Heath, $50, leaving the net sum of $750 for plaintiff. That afterwards the defendant represented that he had sold the land to one Plarrington, a resident of Kansas City, Mo., for $1000, and that Harrington had resold the land to one Andrews for $2000, thereby…
2Cases cited14 opinions
- Little Rock & Fort Smith Railway Co. v. BarkerSupreme Court of Arkansas · 1882
- Fidelity Mutual Life Insurance v. BeckSupreme Court of Arkansas · 1907
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- White v. ReaganSupreme Court of Arkansas · 1877
- LaFayette v. Merchants' BankSupreme Court of Arkansas · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brown & Hackney v. DaubsSupreme Court of Arkansas · 1919
- Wisconsin & Arkansas Lumber Co. v. FitzhughSupreme Court of Arkansas · 1921
- Arkansas Amusement Corp. v. KempnerSupreme Court of Arkansas · 1930
- Hogan v. RichardsonSupreme Court of Arkansas · 1924
- Sherman v. Mo. Pac. R.R.Supreme Court of Arkansas · 1964
14 more not listed; retrieve them via the Exa API.