Storthz v. Watts
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Third Division; G. W. Hendricks, Judge; 1. This court has found the facts and established the law of this case on former appeal. 117 Ark. 500. The lease was only for one year and the verdict is against the law and the evidence. 2. Improper evidence was admitted as to a lease for a second year, how long it had been since the place had' been in cultivation; the improvements made by defendant and amounts expended as shown by checks.
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Appeal from Pulaski Circuit Court; Third Division; G. W. Hendricks, Judge; 1. This court has found the facts and established the law of this case on former appeal. 117 Ark. 500. The lease was only for one year and the verdict is against the law and the evidence. 2. Improper evidence was admitted as to a lease for a second year, how long it had been since the place had' been in cultivation; the improvements made by defendant and amounts expended as shown by checks. All these were rejected when this case was here before and were improperly admitted. 3. The instructions asked by plaintiff…
1Opinion of the Court
Hart, J.(1) This is an action of unlawful detainer instituted by L. Storthz to regain possession of a farm which he had leased by oral contract to J. A. Watts. This is the second appeal in the case. The opinion on the former appeal is reported in 117 Ark. page 500, under the style of Storthz v. Watts. Reference to that opinion is made for a more extended statement of the issues involved. The opinion on the former appeal is the law of the case and in that opinion the court held that in order to take an oral contract of lease of land out of the statute of frauds, there must be substantial…
2Cases cited4 opinions
- De Queen & Eastern Railway Co. v. ThorntonSupreme Court of Arkansas · 1911
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Brown v. Simsboro Cash StoreSupreme Court of Arkansas · 1912
- Reisinger v. JohnsonSupreme Court of Arkansas · 1913
3Cited by4 opinions
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Sims v. RobertsSupreme Court of Arkansas · 1934
- Newton v. MathisSupreme Court of Arkansas · 1919
- White v. Southern Kraft Corp.Court of Appeals for the Eighth Circuit · 1942