Hughes v. Sloan
Supreme Court of Arkansas
Writ of Error to the Ouachita Circuit Court. Covenant, by Green B. Hughes against Samuel D. Sloan, in the Ouachita Circuit Court, on two writings obligatory, one of which follows: “ On the first clay of November next, I promise to pay unto Green B. Hughes, one first-rate road wagon, to be made of good materials, complete, and both the woodwork andiron work to be executed in a good and workmanlike manner; the tire tobe not less than five-eighths of an inch in thickness, with…
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Writ of Error to the Ouachita Circuit Court. Covenant, by Green B. Hughes against Samuel D. Sloan, in the Ouachita Circuit Court, on two writings obligatory, one of which follows: “ On the first clay of November next, I promise to pay unto Green B. Hughes, one first-rate road wagon, to be made of good materials, complete, and both the woodwork andiron work to be executed in a good and workmanlike manner; the tire tobe not less than five-eighths of an inch in thickness, with a good substance tongue for oxen, well ironed, and the whole to be what is called a well ironed wagon; for which I have…
1Opinion of the Court
Oldham, Judge..
This was an action of covenant upon two writings obligatory, executed on the 25th day of December, 1833, each for a road wagon, payable on the days specified, by Sloan to Hughes. The plea filed avers that the covenants sued upon were executed for and in consideration of an improvement, represented by the plaintiff to be on the public land of the United States, when in truth and in fact the said improvement was on the sixteenth section land appropriated for the purposes of education.
The first question presented is, whether this plea interposes a sufficient defence to defeat the…
2Cited by2 opinions
- Watkins v. QuarlesSupreme Court of Arkansas · 1861
- Delony v. DelonySupreme Court of Arkansas · 1862