Conley v. Johnson
Supreme Court of Arkansas
Appeal from Boone Circuit Court in Chancery. E. G. Mitchell, Judge. Action by T. W. Johnson and others against W. P. Conley and others. Judgment for plaintiffs, and defendants have appealed. The facts are stated by the court as follows: This suit was to cancel the lease of a certain tract of land. The lease was to continue twenty-five years.
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Appeal from Boone Circuit Court in Chancery. E. G. Mitchell, Judge. Action by T. W. Johnson and others against W. P. Conley and others. Judgment for plaintiffs, and defendants have appealed. The facts are stated by the court as follows: This suit was to cancel the lease of a certain tract of land. The lease was to continue twenty-five years. The purpose, as set forth in the written contract of lease, was to have lessee prospect and search for mineral and fossil substances, and to conduct mining and quarrying operations to any extent he might deem advisable, but he was not to hold possession…
1Opinion of the Court
Wood, J.,
(after stating the facts). We need not consider the question as to whether the additional written agreement, executed nearly a year subsequent to the lease, was based upon a consideration, and therefore to be considered and construed in connection with the lease. If it be conceded that the latter agreement controlled the clause of the lease requiring mineral or fossil sub-' stances to be mined or quarried within the period of five years from the date of the lease, still, under the terms of the latter agreement, there was to be suspension of work (or the requirements of the five-year…
2Cases cited2 opinions
- Bazemore v. MullinsSupreme Court of Arkansas · 1889
- Shields v. SmithSupreme Court of Arkansas · 1881
3Cited by5 opinions
- Peoples National Bank v. Linebarger Construction Co.Supreme Court of Arkansas · 1951
- Linda Elenia Askew Trust v. HopkinsCourt of Appeals of Arkansas · 1985
- Miller v. DarganSupreme Court of Arkansas · 1918
- United States Fidelity & Guaranty Co. v. WilsonCourt of Appeals for the Eighth Circuit · 1930
- Arkmo Lumber Co. v. CantrellSupreme Court of Arkansas · 1923