Bondurant v. Enis
Supreme Court of Arkansas
Appeal from Union -Chancery Court; J. Y. Stevens, Chancellor; It is said: “Where a person enters into a contract to give a lease and he has neither title to the land -to be leased nor power to execute a lease, the person contracting -with him has a right to, and may, recover substantial damages from him for the breach of the contract.” Thornton, The Law of Oil and Gras, § 333 and authorities cited.
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Appeal from Union -Chancery Court; J. Y. Stevens, Chancellor; It is said: “Where a person enters into a contract to give a lease and he has neither title to the land -to be leased nor power to execute a lease, the person contracting -with him has a right to, and may, recover substantial damages from him for the breach of the contract.” Thornton, The Law of Oil and Gras, § 333 and authorities cited. Is not the same thing true where the party having title to the land executes a lease thereon which he knows he has no right to execute because of a prior, valid and subsisting lease, where the…
1Opinion of the CourtSmith, J.
The complaint in this cause contained allegations to the following effect: The defendant Enis being the owner of certain land in Union County, Arkansas, on the 1st day of May, 1920, executed and delivered to one Prank Phillips, trustee, an oil and gas lease thereon. This lease was filed for record, but, in recording it, two errors were made, the land was misdescribed, and the lessor’s signature was omitted from the record. An abstract of title covering the land thus leased would, by reason of the recorder’s error, fail to show the existence of this lease. The defendant Enis knew of this error…
2Cases cited7 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Harkreader v. ClaytonMississippi Supreme Court · 1879
- Daggett v. DaggettMassachusetts Supreme Judicial Court · 1887
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3Cited by4 opinions
- Mansfield Lumber Co. v. GravetteSupreme Court of Arkansas · 1928
- Ford v. MoodySupreme Court of Arkansas · 1925
- Wilson v. BilesSupreme Court of Arkansas · 1926
- Estate of Ingram v. KochtitzkySupreme Court of Arkansas · 1984