Johnson v. Bryant
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Nimrod Turman, Special Judge. STATEMENT BY THE COURT. This action was brought in the court of a justice of the peace to recover a balance of fifty dollars for rent of land. The case came to the circuit court on appeal, and was decided against the plaintiff, who is appellant here.
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Appeal from Crawford Circuit Court. Nimrod Turman, Special Judge. STATEMENT BY THE COURT. This action was brought in the court of a justice of the peace to recover a balance of fifty dollars for rent of land. The case came to the circuit court on appeal, and was decided against the plaintiff, who is appellant here. The facts are that appellant rented to appellee twenty acres of land, that was planted by appellee in cotton, under a verbal contract that appellee should pay to appellant for the rent of same one fourth part of the cotton, or its cash value, raised on the land. The appellee…
1Opinion of the Court
Hughes, J.,
(after stating the facts). A majority of the court are of the opinion that the proper construction of the contract between appellant and appellee is that appellee was bound, by its terms, to gather and deliver to appellant one-fourth of the cotton raised on the twenty acres; and that only the act of God, or the public enemy, or the act of the appellant, could excuse him from a compliance with this contract; that inconvenience or the cost of compliance, though they might make compliance a hardship, cannot excuse a party from the performance of an absolute and unqualified undertaking…
2Cited by4 opinions
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- Krickerberg v. HoffSupreme Court of Arkansas · 1940
- Clark v. PatzackSupreme Court of Oklahoma · 1952
- Stacy v. WilliamsCourt of Appeals of Arkansas · 1992