Young Coal Co. v. Hill
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. In April, 1906, D. J. Young, as trustee for himself and others, who constituted a partnership, entered into a contract with Jesse A. Harp, lessee, whereby Young, as trustee for the parties constituting the partnership named, leased to Jesse A. Harp, the lands described, for the purpose of permitting the said Harp to enter upon the same to mine coal therefrom.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. In April, 1906, D. J. Young, as trustee for himself and others, who constituted a partnership, entered into a contract with Jesse A. Harp, lessee, whereby Young, as trustee for the parties constituting the partnership named, leased to Jesse A. Harp, the lands described, for the purpose of permitting the said Harp to enter upon the same to mine coal therefrom. The contract provided that “the words ‘trustee’ and ‘lessee,’ as understood herein, shall be construed to mean successors, heirs,…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. Appellee contends that the lease contract was not assignable, and that the assignment of the lease to appellant released appellee from the obligations of his bond.
The lease contract provided that “the words trustee and lessee as used herein shall be construed to mean successors, heirs, executors, administrators and assigns.” The use of these words by the parties to the contract clearly evinces an intention to make the contract transferable or assignable. The words “heirs, executors, administrators and assigns,” would not have been used if the parties had…
2Cases cited2 opinions
- Thompson v. RobinsonSupreme Court of Arkansas · 1879
- Bankers Trust Co. v. McCloySupreme Court of Arkansas · 1913
3Cited by2 opinions
- Merchants & Farmers Bank v. Citizens BankSupreme Court of Arkansas · 1916
- Shaw v. MerrittSupreme Court of Arkansas · 1926