Friar v. Baldridge
Supreme Court of Arkansas
Appeal from Logan Chancery Court, Northern District; /. Virgil Bourland, Chancellor; 1. Time was of the essence of the contract. A waivei of forfeiture by Friar is not established by the evidence, and is contradicted by the conduct of the parties.
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Appeal from Logan Chancery Court, Northern District; /. Virgil Bourland, Chancellor; 1. Time was of the essence of the contract. A waivei of forfeiture by Friar is not established by the evidence, and is contradicted by the conduct of the parties. Payment .at the time specified was a condition precedent to the right to purchase, which right terminated on failure to make such payment. 76 Ark. 579; 54 Ark. 16; 57 L. R. A. 176; 17 N. E. 60; 21 S. W. 970; 45 S. W. 275; 17 N. E. 61; 14 Tex. 373; 113 S. W. 800. 2. A written contract for the sale of land may be rescinded by parol. 151 Pa. St. 561;…
1Opinion of the CourtFraurnthar, J.
On September 3, 1904, the parties to this litigation entered into a written contract for the sale _ and rent of a tract of land by William Friar, the defendant below, -to F. V. Baldridge -and W. A. Baldridge, the plaintiffs below. The portions of said contract which are material to the determination of the rights of the parties herein are as follows:
"contract oR Sarr and rrnt.
“This contract made this 3d day of September, 1904, ■ between Wm. Friar, party of the first part, and F. V. Baldridge and W. A. Baldridge, parties of the second part, witnesseth that, in consideration of the stipulation…
2Cases cited12 opinions
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
- Miller v. . PierceSupreme Court of North Carolina · 1889
- Ish v. Morgan, McRae & Co.Supreme Court of Arkansas · 1886
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Hughes v. MooreSupreme Court of the United States · 1812
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Heffner v. WhiteIndiana Court of Appeals · 1942
- White v. PageSupreme Court of Arkansas · 1950
- Triplett v. DavisSupreme Court of Arkansas · 1964
- Clear Creek Oil & Gas Co. v. BrunkSupreme Court of Arkansas · 1923
29 more not listed; retrieve them via the Exa API.