Legal Opinion

Whitener-London Realty Co. v. Ritter

Supreme Court of Arkansas

Decided March 21, 1910PublishedCited by 4 opinions

Appeal from -Craighead Circuit Court; Frank Smith, Judge; 1. Where the court’s findings are not supported by evidence, this court will reverse, notwithstanding the general rule that the findings of a court sitting as a jury are as conclusive as the verdict of -a jury. 65 Ark. 278. 2. The court should have declared the law to be that the money paid by appellee was for the option or purchase privilege, and for the time given in the option contract, and the failure of the…

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Appeal from -Craighead Circuit Court; Frank Smith, Judge; 1. Where the court’s findings are not supported by evidence, this court will reverse, notwithstanding the general rule that the findings of a court sitting as a jury are as conclusive as the verdict of -a jury. 65 Ark. 278. 2. The court should have declared the law to be that the money paid by appellee was for the option or purchase privilege, and for the time given in the option contract, and the failure of the attorney selected by appellee to approve the abstract does not entitle appellee to recover the money paid. 3. If appellee’s…

1Opinion of the CourtMcCurrocii, C. J.

Appellant, a Missouri corporation, owned, or claimed to own, tracts of timber land in Mississippi County, Arkansas, aggregating about 8,000 acres, and on April 10, 1906, entered into a written contract with appellee for the sale of the timber thereon. Portions of the contract material to the present controversy read as follows:

“That, for and in consideration of the sum of five hundred ($500) -dollars in cash to the party of the first part in hand paid by the party of the second part, the receipt of which is hereby acknowledged, the party of the first part hereby contracts and agrees to sell…

2Cases cited1 opinion

  1. Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906

3Cited by4 opinions

  1. Leroy v. HarwoodSupreme Court of Arkansas · 1915
  2. Garrison v. GerenSupreme Court of Arkansas · 1923
  3. Perdue & Hill v. Road Improvement District No. 1Supreme Court of Arkansas · 1923
  4. Hinton v. MartinSupreme Court of Arkansas · 1922

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