Gatlin v. Wilcox
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. ’Hon. E. D. Ham, Circuit Judge. Contracts can only be rescinded by the mutual consent of the parties; and a contract cannot, in general, be rescinded in ‘toto, by one of the parties, when both of them cannot be placed in the identical situation which they occupied, and cannot stand upon the same terms as those which existed when the contract was made.
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Appeal from Crawford Circuit Court. ’Hon. E. D. Ham, Circuit Judge. Contracts can only be rescinded by the mutual consent of the parties; and a contract cannot, in general, be rescinded in ‘toto, by one of the parties, when both of them cannot be placed in the identical situation which they occupied, and cannot stand upon the same terms as those which existed when the contract was made. It is also a clearly recognized principle, that if there is only a partial failure of performance by one party to a contract, for which there may be a compensation in damages, the contract is not put an end…
1Opinion of the Court
Bexstett, J..TRe appellants leased tlieir ferry privilege, from the south, bank of the Arkansas river, opposite'Yan Burén, to William E. England and appellee, for the period of four years, commencing on the first day of May, 1868, at the rate of five hundred dollars per year, payments-to be made quarterly. Default having been made in the payment of the first year’s rent, a suit was instituted before a justice of the peace, to recover a balance of three hundred dollars due the appellants. Judgment was obtained in favor of appellee. Appellants appealed to the circuit court. In the circuit court…
2Cases cited7 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- State Bank v. McGuireSupreme Court of Arkansas · 1854
- Vandever v. WilsonSupreme Court of Arkansas · 1844
- Brooks v. PerrySupreme Court of Arkansas · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- West v. BechtelMichigan Supreme Court · 1900
- Purcell Mill & Elevator Co. v. KirklandCourt Of Appeals Of Indian Territory · 1898
- Henningsen v. Tonopah & Goldfield RailroadNevada Supreme Court · 1910
- Wilson v. EmigSupreme Court of Kansas · 1890
- Magnolia Compress Co. v. SmithSupreme Court of Arkansas · 1905