Cox v. Fisher
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District ; R. H. Dudley, Judge; 1. The representation of the acreage in the written contract was in material excess of the actual acreage and was binding on the lessor and assignor; and, 2. The court erred in directing a verdict for defendants. 19 Ark. 102; 61 Id. 120; 100 Id. 280; 101 Id. 95; 24 Cyc. 918; 43 Ark. 462; 95 Id. 150; 100 Id. 280; 147 Mass. 403. When the testimony is all considered, no real issue of fact is…
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Appeal from Mississippi Circuit Court, Osceola District ; R. H. Dudley, Judge; 1. The representation of the acreage in the written contract was in material excess of the actual acreage and was binding on the lessor and assignor; and, 2. The court erred in directing a verdict for defendants. 19 Ark. 102; 61 Id. 120; 100 Id. 280; 101 Id. 95; 24 Cyc. 918; 43 Ark. 462; 95 Id. 150; 100 Id. 280; 147 Mass. 403. When the testimony is all considered, no real issue of fact is involved, but the case turns on the recital of acreage in the contract, which is conceded to be an amount in material excess of…
1Opinion of the CourtSmith, J.
On September 22, 1917, Fisher and Equinn entered into a written contract, whereby Fisher leased to Equinn a certain farm for an annual rental of eight thousand dollars for a period of three years, dependent, in a measure, on the price of middling cotton at Memphis, Tennessee. The leased lands were described as follows: “All of the cleared land ownéd by party of the first part on the following sections, towit: Sections 29, 32 and 33, all in township 13 north, range 12 east, approximately 650 acres of cleared land.”
Thereafter Equinn assigned the lease to Cox and Turnage. After taking possession…
2Cases cited7 opinions
- Neely v. RembertSupreme Court of Arkansas · 1902
- Brown v. LeMaySupreme Court of Arkansas · 1911
- Ryan v. BatchelorSupreme Court of Arkansas · 1910
- Drake v. EubanksSupreme Court of Arkansas · 1895
- Joseph v. BakerSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Young v. BradshawSupreme Court of Arkansas · 1955