Kelly v. Keith
Supreme Court of Arkansas
Appeal from Hot Springs Chancery Court; Alphonso Curl, Chancellor; To be availing so as to stop accrual of interest and save costs, a tender must be followed up, and the money brought into court.
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Appeal from Hot Springs Chancery Court; Alphonso Curl, Chancellor; To be availing so as to stop accrual of interest and save costs, a tender must be followed up, and the money brought into court. Not only so, but the tender must be kept good, in money, and the burden of proof is on the one alleging the tender to show that he has kept it good. 30 Ark. 505; 38 Ark. 329; Hunt on Tender, § § 352, 513, 514. See, also, Id. § § 517 and 481. 1. This was a suit for specific performance of a contract, the defense to which was a denial of the obligation and of the right to enforce performance. The…
1Opinion of the CourtBattre, J.
The facts in this case are stated in Kelly v. Keith, 77 Ark. 31. In that case Keith was required by an order of the chancery court of Hot Springs County, in which the suit was pending, to pay into court the amount tendered by him to Kelly. He took a receipt from John C. Ross, clerk of the Hot Springs Chancery Court, for $350, with interest thereon from •March 18, 1901, to December 18, 1901, at the rate of six per cent, per annum, amounting to $365.75, the same being the amount tendered. Ross testified that no money was actually paid to him; that he gave the receipt because he “knew that…
2Cases cited5 opinions
- Bolen v. CumbySupreme Court of Arkansas · 1890
- Bissell v. HeywardSupreme Court of the United States · 1878
- Kelly v. KeithSupreme Court of Arkansas · 1905
- Schearff v. DodgeSupreme Court of Arkansas · 1878
- Cole v. MooreSupreme Court of Arkansas · 1879
3Cited by5 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- Abbott v. HerronSupreme Court of Arkansas · 1909
- King v. CroneSupreme Court of Arkansas · 1914
- Vernon v. McEntireSupreme Court of Arkansas · 1962
- Vernon v. McEntireSupreme Court of Arkansas · 1962