Burks v. Harris
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; In order to avoid the contracts, the vice pleaded must go to the substance of the contracts as and at the time executed. If the vice and illegality go only to the mode of execution, which is not a part of the contract at its inception, it is not vitiated. The burden of proof is on the party alleging the illegality of the transaction. 8 Am. & Eng.
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Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; In order to avoid the contracts, the vice pleaded must go to the substance of the contracts as and at the time executed. If the vice and illegality go only to the mode of execution, which is not a part of the contract at its inception, it is not vitiated. The burden of proof is on the party alleging the illegality of the transaction. 8 Am. & Eng. Enc. of R., 1008 and cases cited in note 2; Id. 1010. Conceding that the benefits to be derived from the building of the hotel constituted a valuable and legal consideration, the…
1Opinion of the CourtMcCulloch, C. J.
At a mass meeting of citizens of Benton-ville, Arkansas, the plaintiff, W. A. Burks, proposed, on condition that the citizens of Bentonville should, within fifteen days from that date, purchase from him, at the price of $50 per lot2 two hundred lots, fifty by one hundred fifty feet in size each, to be surveyed and platted out of a certain tract of land adjoining said city of Bentonville, to erect near Spring Park, on a tract of. land known as “Spring Park Addition,” a hotel building of certain, dimensions and capacity, and to make certain other improvements on the premises so as to make the…
2Cases cited5 opinions
- Martin v. HodgeSupreme Court of Arkansas · 1886
- Lynch v. RosenthalIndiana Supreme Court · 1896
- Chancy Park Land Co. v. HartSupreme Court of Iowa · 1898
- Elder v. ChapmanIllinois Supreme Court · 1898
- Paulk v. Jasper Land Co.Supreme Court of Alabama · 1896
3Cited by35 opinions
- Longstreth v. Cook, Secretary Ark Racing CommissionSupreme Court of Arkansas · 1949
- Cox v. DanielsSupreme Court of Arkansas · 2008
- In re T. H. Bunch Co.District Court, E.D. Arkansas · 1910
- State v. BassSupreme Court of Arkansas · 1955
- Masterson v. State Ex Rel. BryantSupreme Court of Arkansas · 1997
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