Fleming v. Harris
Supreme Court of Arkansas
Appeal from Hot Spring Chancery Court; J. P. Hem derson, Chancellor; STATEMENT OF FACTS. The plaintiff, J. E. Harris, purchased a farm consisting of eighty acres of land from the defendant, W. A. Fleming, received a deed, and paid the whole amount of the purchase money. This suit is brought to rescind the contract of sale on the ground that it was procured by false representations.
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Appeal from Hot Spring Chancery Court; J. P. Hem derson, Chancellor; STATEMENT OF FACTS. The plaintiff, J. E. Harris, purchased a farm consisting of eighty acres of land from the defendant, W. A. Fleming, received a deed, and paid the whole amount of the purchase money. This suit is brought to rescind the contract of sale on the ground that it was procured by false representations. The facts are that J. E. Harris, being about to purchase a farm from the defendant, W. A. Fleming, made an examination of the farm with Fleming and J. Q. Rogers, a real estate agent, who had the property for sale.…
1Opinion of the CourtHart, J.
(after stating the facts). The decree was wrong for two reasons. In the first place, where a party desires to rescind his contract for the purchase of land on the ground of fraud, he must act promptly after discovering the facts. The plaintiff, Harris, received a deed from Fleming in the early part of January, 1918, and immediately moved on the farm. A part of the consideration for the purchase was a house and lot in Malvern, Arkansas, which Harris conveyed to Fleming. Fleming went into possession of the house and lot. Harris did not bring this suit until the 3d day of November, 1918. This,…
2Cases cited1 opinion
- Fitzhugh v. DavisSupreme Court of Arkansas · 1885
3Cited by6 opinions
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- Newsum Auto Tire Vulcanizing Co. v. ShoemakerSupreme Court of Arkansas · 1927
- Eastburn v. GalyenSupreme Court of Arkansas · 1957
- Katter v. HardinSupreme Court of Arkansas · 1926
- Price v. CenterSupreme Court of Arkansas · 1940
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