Berman v. Shelby
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. Appellant rented to D. IT. and A. L,. Shelby by written contract a ten-room house in Fort Smith, together with certain furniture and fixtures therein. A list of the furniture was attached to the lease.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. Appellant rented to D. IT. and A. L,. Shelby by written contract a ten-room house in Fort Smith, together with certain furniture and fixtures therein. A list of the furniture was attached to the lease. The lease contained mutual covenants, on the part of the lessees, that they would pay the rents as specified in the contract, would pay all charges for water, gas and electricity as they came due, would not make alterations in the premises, would not sublet without the consent of the lessor,…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellant, in his prayer for instruction number 11, asked the court to submit to the jury the question as to whether or not appellees had waived the right to cancel the lease because of any failure that might have been on the part of appellant to put the water heater in the bath room. Appellant therefore cannot complain of the finding of the jury that there was no such waiver. The case then, as we view it, is as follows: In consideration of the covenants on
the part of appellees to pay rents, etc., appellant also covenanted on his part that he would do…
2Cases cited7 opinions
- Missouri Pacific Railway Co. v. YarnellSupreme Court of Arkansas · 1898
- Harris Lumber Co. v. Wheeler Lumber Co.Supreme Court of Arkansas · 1908
- White River, Lonoke & Western Railway Co. v. Star Ranch & Land Co.Supreme Court of Arkansas · 1905
- John A. Gauger & Co. v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1908
- O'Neal v. KelleySupreme Court of Arkansas · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Young v. BermanSupreme Court of Arkansas · 1910
- Tedstrom v. PuddephattSupreme Court of Arkansas · 1911
- Ingram v. FredCourt of Appeals of Texas · 1918
- Felder v. Hall Bros.Supreme Court of Arkansas · 1921
- Gazette Publishing Co. v. ColeSupreme Court of Arkansas · 1924
11 more not listed; retrieve them via the Exa API.