McKinney v. Demby
Supreme Court of Arkansas
APPEAL from Montgomery Circuit Court. Hon. H. B. Stuart, Circuit Judge. McKinney was in possession, and not wrongfully, inasmuch as Demby had failed to pay the three dollars on the ■day agreed upon, which was a condition precedent to delivery of possession. Both parties claimed under Ma-berry; plaintiff under a contract to sell and defendant under an actual sale completed by payment and delivery of possession.
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APPEAL from Montgomery Circuit Court. Hon. H. B. Stuart, Circuit Judge. McKinney was in possession, and not wrongfully, inasmuch as Demby had failed to pay the three dollars on the ■day agreed upon, which was a condition precedent to delivery of possession. Both parties claimed under Ma-berry; plaintiff under a contract to sell and defendant under an actual sale completed by payment and delivery of possession. In every contract it is a settled rule that there must be a mutual assent to the same thing, in the same sense, or there is no contract. (Parsons on Gont., p. 399; 1¡. Minor, part 1, p.…
1Opinion of the CourtCockrill, C. J.
The action disclosed here is in the old form of trespass quare clausum fregit.
1.Practice in Supreme Court: Bill of exceptions.
The bill of exceptions does not show that it contains all the evidence adduced at the trial. We can not, therefore, consider the objection made by the motion for a new trial as to the sufficiency of the evidence to support the verdict.
2. Same:_ Presumption.
The second ground upon which the new trial is asked is that “the court erred in instructing the jury that the plaintiff could recover in case of his being in constructive possession of the premises in question,…
2Cases cited1 opinion
- Adams v. GaySupreme Court of Vermont · 1847
3Cited by18 opinions
- Tucker v. HawkinsSupreme Court of Arkansas · 1903
- Crowder v. Fordyce Lumber Co.Supreme Court of Arkansas · 1910
- Clow v. WatsonSupreme Court of Arkansas · 1916
- Kansas City, Fort Scott & Memphis Railroad v. JoslinSupreme Court of Arkansas · 1905
- Young v. VincentSupreme Court of Arkansas · 1910
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