Morrison v. Weinstein
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Ft. Smith. District; George W. Dodd, special Judge; 1. There was no breach of the implied covenant to put the plaintiff in possession, resulting from the holding-over by the former tenants of the leased premises. Their holding over was wrongful and unlawful, and of the fact that they would hold over plaintiff was fully advised.
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Appeal from Sebastian Circuit Court, Ft. Smith. District; George W. Dodd, special Judge; 1. There was no breach of the implied covenant to put the plaintiff in possession, resulting from the holding-over by the former tenants of the leased premises. Their holding over was wrongful and unlawful, and of the fact that they would hold over plaintiff was fully advised. The defendant could not have put the plaintiff in possession on the first day of January, 1920, and the plaintiff know it. 35 Ore. 166; 58 Pac. 37; 1 Taylor, Landlord & Tenant, § 305; 3 Sutherland on Damages, § 863; 1 Tiffany on…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Sebastian Circuit Court, Fort Smith District, to recover $1,960 . together with interest on account of rents paid by him to appellant on a lease contract for a business house owned by appellant, situated at 712. Garrison Avenue, in the city of Fort Smith, Arkansas, of which he failed to obtain possession, and general and special damages resulting from an alleged breach of an implied covenant for possession thereof. . The general damages claimed were for the difference between the rent reserved in the lease and the rental market value of the…
2Cases cited3 opinions
- Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1896
- Rose v. WynnSupreme Court of Arkansas · 1883
- Thomas v. CroomSupreme Court of Arkansas · 1912
3Cited by8 opinions
- Gibson v. Lee Wilson CompanySupreme Court of Arkansas · 1947
- Barfield v. DamonNew Mexico Supreme Court · 1952
- Basin Park Hotel Ass'n v. Arkansas Co.Supreme Court of Arkansas · 1922
- Darling Shops, Inc. v. BrackCourt of Appeals for the Eighth Circuit · 1938
- Ark. State Highway Comm. v. McHaneySupreme Court of Arkansas · 1962
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