Thomas v. Croom
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; Plaintiff’s demurrer to defendant’s answer should have been sustained. 65 Ark. 604; 19 Ark. 23; Id. 39. If the consideration to be paid is entire and single, then the contract must be held to be entire. 52 Ark. 257; 59 Pa. St. 420; 5 Gray 492; 2 Cush. 1. The contract was-not within the statute of frauds. 91 Ark. 149; 37 Kan. 437; 15 Pac. 586; 48 111. App. 140; 50 N. Y. Sup.
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Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; Plaintiff’s demurrer to defendant’s answer should have been sustained. 65 Ark. 604; 19 Ark. 23; Id. 39. If the consideration to be paid is entire and single, then the contract must be held to be entire. 52 Ark. 257; 59 Pa. St. 420; 5 Gray 492; 2 Cush. 1. The contract was-not within the statute of frauds. 91 Ark. 149; 37 Kan. 437; 15 Pac. 586; 48 111. App. 140; 50 N. Y. Sup. Ct. 63; 8 Ohio Dec. 219. The measure of damages is the difference between the price to be paid and the actual value of the land at the time of the…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by appellants to recover damages for the breach of an alleged contract leasing to them certain lands in Yell County for the year 1910. In their complaint appellants alleged that the appellee, by verbal contract, had leased to them said land for a term of one year beginning January 1, 1910, for which they agreed to pay $7 per acre for the rent thereof, and that appellee had failed and refused to deliver the possession of said land to them on said January 1, 1910, or on any day thereafter, although requested and demanded so to do. They alleged that by reason of the…
2Cases cited9 opinions
- Adair v. BogleSupreme Court of Iowa · 1866
- Cohn v. NortonSupreme Court of Connecticut · 1889
- Young v. BermanSupreme Court of Arkansas · 1910
- Alexander v. BishopSupreme Court of Iowa · 1882
- McElvaney v. SmithSupreme Court of Arkansas · 1905
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3Cited by13 opinions
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Adrian v. RabinowitzSupreme Court of New Jersey · 1936
- Reeves v. RominesSupreme Court of Arkansas · 1918
- Reed Oil Company v. CainSupreme Court of Arkansas · 1925
- Barfield v. DamonNew Mexico Supreme Court · 1952
8 more not listed; retrieve them via the Exa API.