Ashmore v. Noble
Supreme Court of Arkansas
Appeal from G-reene Chancery Court; Archer Wheatley, Chancellor; 1. 1. A -written contract for the lease of realty is susceptible of specific performance. 25 ft. C. L. 283. The fact that it is an option does not displace the right of specific performance. A vendee is entitled to an option contract. 80 Ark. 209. 2. So far as appellant is concerned, there is no ground for distinction between Mrs. Noble and her co-defendants.
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Appeal from G-reene Chancery Court; Archer Wheatley, Chancellor; 1. 1. A -written contract for the lease of realty is susceptible of specific performance. 25 ft. C. L. 283. The fact that it is an option does not displace the right of specific performance. A vendee is entitled to an option contract. 80 Ark. 209. 2. So far as appellant is concerned, there is no ground for distinction between Mrs. Noble and her co-defendants. Her title is the common source of appellant’s claims and those of Breckinridge and Hays alike. Tenancy by the month may be terminated upon thirty days’ notice, in the…
1Opinion of the CourtHumphreys, J.
This is an appeal from the decree in the Greene Chancery Court, dismissing appellant’s hill to enforce an option to lease a building in Paragould, owned by appellee, Mrs. Minnie Noble. The option contract was entered into between Mrs. Minnie Noble and E. B. Ashmore on the 10th day of April, 1919, and is, in part, as follows:
“In consideration of $10 now paid by the lessee to the lessor, the receipt whereof is hereby acknowledged, the lessor shall have the option of taking a lease of the premises described as follows:
“The one-story brick building on South Pruet street now occupied as a pool…
2Cases cited1 opinion
- Uzzell v. GatesSupreme Court of Arkansas · 1912
3Cited by1 opinion
- Holland v. DietzSupreme Court of Arkansas · 1980