Von Berg v. Goodman
Supreme Court of Arkansas
Appeal ■ from Washington Circuit Court;/. N Maples, Judge; x. If appellant gave his consent to the removal of any of the crop before the payment of rent (which is denied), it was without consideration, was a mere license, and was revocable at will. Appellee admits that appellant ordered him not to remove any more corn until the rent was paid, and that thereafter he did remove corn without paying rent, and was doing so when the attachment was levied.
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Appeal ■ from Washington Circuit Court;/. N Maples, Judge; x. If appellant gave his consent to the removal of any of the crop before the payment of rent (which is denied), it was without consideration, was a mere license, and was revocable at will. Appellee admits that appellant ordered him not to remove any more corn until the rent was paid, and that thereafter he did remove corn without paying rent, and was doing so when the attachment was levied. Appellant had the right, therefore, to attach. Kirby’s Digest, § 5040, subdiv. 1 and 2; 37 Ark. 609; 34 Ark. 696; 60 Ark. 617. A waiver, to bf…
1Opinion of the CourtMcCulloch, J.
Appellant rented his farm in Washington County to appellee for the year 1906, a written contract being entered into whereby the latter argeed to cultivate the farm and deliver to appellant, as rent, one-third of the products thereof, and to put in good repair at his own expense certain fences on the place. The contract concludes with the following paragraph:
“It is agreed by the said Goodman that, in case he fails to comply with the conditions of this contract, the damages arising from such failure shall be a lien on his part of the crop on said place, and the said crop is not to be removed…
2Cases cited3 opinions
- Holliday Bros. v. CohenSupreme Court of Arkansas · 1879
- Few v. MitchellSupreme Court of Arkansas · 1906
- Roth & Co. v. WilliamsSupreme Court of Arkansas · 1885
3Cited by13 opinions
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Metcalf v. JelksSupreme Court of Arkansas · 1928
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- Ford v. WilsonSupreme Court of Arkansas · 1926
- Ward v. Nu-Wa Laundry Cleaners, Inc.Supreme Court of Arkansas · 1943
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