Nakdimen v. Atkinson Improvement Co.
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bou-rland, Chancellor; STATEMENT OF PACTS. This is a suit in equity by appellee against appellants‘to enforce the specific performance of a renewal covenant in a lease, and also to compel the defendants to submit to an arbitration to fix the rent as provided in the covenant of renewal. The lease is in writing and is as follows: “State of Arkansas, County of Sebastian, ss.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bou-rland, Chancellor; STATEMENT OF PACTS. This is a suit in equity by appellee against appellants‘to enforce the specific performance of a renewal covenant in a lease, and also to compel the defendants to submit to an arbitration to fix the rent as provided in the covenant of renewal. The lease is in writing and is as follows: “State of Arkansas, County of Sebastian, ss. “This instrument witnesseth a contract this day entered into by and between I. H. Nakdimen, hereinafter called the party of the first part, and Atkinson…
1Opinion of the CourtHart, J.
(after stating the facts). It is the contention of counsel for appellants that under the terms of the lease contract which is copied in our statement of facts thelease expired ten years after the completion .of the Nakdimen building, which was on the 10th day of September, 1920, and that the lease contained no covenant for renewal.
On the other hand, it is the contention of counsel for appellee that the lease contained a covenant for renewal which might be exercised at the end of each succeeding ten-year period.
Covenants for renewal are frequently inserted in leases for terms of years, and…
2Cases cited8 opinions
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Welch v. WelchSupreme Court of Arkansas · 1918
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Grosvenor v. FlintSupreme Court of Rhode Island · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ferguson v. GreenSupreme Court of Arkansas · 1979
- Lonergan v. Connecticut Food Store, Inc.Supreme Court of Connecticut · 1975
- Brizzolara v. PowellSupreme Court of Arkansas · 1949
- Lattimore v. Fisher's Food Shoppe, Inc.Supreme Court of North Carolina · 1985
- Streicher v. HeimburgeCalifornia Supreme Court · 1928
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