Citizens Bank Building v. L. & E. Wertheimer, Inc.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Instruction No. 2 asked by appellant should have been given. Prohibition was established on January 1, 1914. 117 Ark. 50, and appellee’s right to cancel the lease arose' on that date. Notice of an intention to terminate the lease should have been given before that date, as appellee knew that the contingency was bound to happen at that time.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Instruction No. 2 asked by appellant should have been given. Prohibition was established on January 1, 1914. 117 Ark. 50, and appellee’s right to cancel the lease arose' on that date. Notice of an intention to terminate the lease should have been given before that date, as appellee knew that the contingency was bound to happen at that time. Certainly notice should have been given within a reasonable time thereafter and 30 days was beyond question a reasonable time. The lease provides that “when the event shall occur then at the…
1Opinion of the CourtMcCulloch, C. J.
Appellee rented a store room from appellant for a term of five years, beginning January 1, 1911, to use in the operation of a wholesale and retail liquor business. The contract provided for monthly payments of rent, and also contained the following clause: “It is further understood and agreed between the parties that in case the prohibition of the sale of liquor in Jefferson County or in the city of Pine Bluff should be established and the said lessee prohibited from carrying on its business as wholesale and retail liquor dealers in said building by operation of law, then at the option of the…
2Cases cited1 opinion
- Wertheimer v. Citizens Bank BuildingSupreme Court of Arkansas · 1915
3Cited by7 opinions
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- Davis v. GodartSupreme Court of Minnesota · 1920
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