Williams v. Shaver
Supreme Court of Arkansas
Appeal from. Poinsett Chancery Court; Benjamin Harris, Special Chancellor; Where the lessee is insolvent, and actual physical performance is the only substantial interest that the lessor has in the lease, and where irremediable mischief -will result from either imperfect or nonperformance, then it is proper to either require bond for performance, or in default of this to cancel the lease. 36 N. J. Eq. 66; Stockt.
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Appeal from. Poinsett Chancery Court; Benjamin Harris, Special Chancellor; Where the lessee is insolvent, and actual physical performance is the only substantial interest that the lessor has in the lease, and where irremediable mischief -will result from either imperfect or nonperformance, then it is proper to either require bond for performance, or in default of this to cancel the lease. 36 N. J. Eq. 66; Stockt. (Ind.) 401; 16 Ves. 1; 20 N. W. 859; 16 Cyc. 478-9; 10 N. J. Eq. 115; 40 N. C. (5 Ind. Eq.) 261; 4 Barb. (N. Y.) 376; 33 Ark. 376; 13 Bush (Ky.) 435; 63 S. W. 787; 59 Am. Dec. 677;…
1Opinion of the CourtFrauenthal, J.
This was an act'on in equity seeking to obtain a decree requiring a lessee of land to give surety for the performance of certain covenants made by him in a contract of lease, on account of his alleged insolvency occurring after its execution, or to cancel said lease contract in event of his failure so to do.
On December 2, 1904, the plaintiff by a written contract leased to the defendant a tract of land containing 480 acres, for a period of ten years from and after January 1,1905. About 100 acres of this land were in a state of cultivation at the time of the execution of the lease, and the…
2Cases cited6 opinions
- Farmers' Loan & Trust Co. v. GalesburgSupreme Court of the United States · 1890
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Buckner v. WarrenSupreme Court of Arkansas · 1883
- Ellis v. Elkhart Car Works Co.Indiana Supreme Court · 1884
- Miller v. HavensMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Triplett v. DavisSupreme Court of Arkansas · 1964
- Berry v. CrawfordSupreme Court of Arkansas · 1963
- Mauney v. MillarSupreme Court of Arkansas · 1918
- Scrinopskie v. MeidertSupreme Court of Arkansas · 1948
- Smith v. GloverSupreme Court of Arkansas · 1918
11 more not listed; retrieve them via the Exa API.