Smith v. Berkau
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. It was error to refuse to enter a decree for plaintiff for possession of the land. Time was an essential of the contract and payments at the times specified were conditions precedent. Hence a forfeiture 'should have been declared. 78 Ark. 574-578; 48 Id. 413; 87 Id. 593; 76 Id. 578; 4 Id. 413; 50 Am. Dec. 669-677. 2. The court erred in its findings of facts.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. It was error to refuse to enter a decree for plaintiff for possession of the land. Time was an essential of the contract and payments at the times specified were conditions precedent. Hence a forfeiture 'should have been declared. 78 Ark. 574-578; 48 Id. 413; 87 Id. 593; 76 Id. 578; 4 Id. 413; 50 Am. Dec. 669-677. 2. The court erred in its findings of facts. The burden of showing payments was on the appellee. The three credits should not have been allowed. Appellant was at least entitled to a decree for the full amount…
1Opinion of the CourtSmith, J.
Appellant is the administrator of the estate cf his mother, who in her life time entered into an agreement to sell the property involved in this suit to appellee. A cash payment of $200 was made, and a contract entered into providing that the remainder should be paid at the rate of $30 per month. These payments— 100 in number — were each evidenced by a note. The first note was payable August 15,1910, and one note was to be paid on the 15th of each month thereafter, and all of the notes bore interest at 7 per cent, until paid. The contract for the sale of the land contained the following…
2Cases cited5 opinions
- Singer Manufacturing Co. v. BrewerSupreme Court of Arkansas · 1906
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
- Kampman v. KampmanSupreme Court of Arkansas · 1911
- Atkins v. RisonSupreme Court of Arkansas · 1867
- Butler v. ColsonSupreme Court of Arkansas · 1911
3Cited by6 opinions
- White v. PageSupreme Court of Arkansas · 1950
- Goode v. KingSupreme Court of Arkansas · 1934
- Wheeler v. WendletonSupreme Court of Arkansas · 1946
- Gilstrap v. StahlSupreme Court of Arkansas · 1921
- Morris v. BowmanSupreme Court of Arkansas · 1928
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