Legal Opinion

Cherry v. Kirkland

Supreme Court of Arkansas

Decided March 3, 1919PublishedCited by 6 opinions

Appeal from Marion Circuit Court; John-1. Worthington, Judge; 1. The cause should have been transferred to chancery court as the answer shows there is a long and intricate account between the parties which ought to have been stated by a master. 27 la. 234, and oases cited; 48 Ark. 426; 51 Id. 98; 31 Id. 345; 71 Id. 32; 49 Id. 568; 6 Id. 191. 2. It was error to reject evidence as to the value of the “good will’ where the sale was induced by false and fraudulent…

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Appeal from Marion Circuit Court; John-1. Worthington, Judge; 1. The cause should have been transferred to chancery court as the answer shows there is a long and intricate account between the parties which ought to have been stated by a master. 27 la. 234, and oases cited; 48 Ark. 426; 51 Id. 98; 31 Id. 345; 71 Id. 32; 49 Id. 568; 6 Id. 191. 2. It was error to reject evidence as to the value of the “good will’ where the sale was induced by false and fraudulent representations of plaintiff and the “good will” was included in the sale. It was also error to reject evidence as to the damages to…

1Opinion of the CourtHumphrey’S, J.

Appellee instituted suit against appellant on the 2nd day of August, 1917, in the Marion Circuit Court, for forcible entry and unlawful detainer of lot 7, block 4, and lots 8, 9 and 10, block 7, in the town of Rush, all in section 11, township 17 north, range 15 west, in said county, upon which she had constructed a store building, bungalow, hotel, warehouse and pool room, and for rents and damages. Appellee alleged ownership, right of possession, failure of appellant to pay rent after demand, and refusal to quit after notice.

Appellant answered, denying appellee’s ownership, right of…

2Cases cited2 opinions

  1. Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
  2. Reay v. CotterCalifornia Supreme Court · 1865

3Cited by6 opinions

  1. Cortiania v. FrancoSupreme Court of Arkansas · 1948
  2. J. T. Fargason Co. v. DudleySupreme Court of Arkansas · 1927
  3. Terry v. LittleSupreme Court of Arkansas · 1929
  4. Dover v. HendersonSupreme Court of Arkansas · 1938
  5. Williams v. PettySupreme Court of Arkansas · 1925

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