Battle v. Draper
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; George R. Eagnie, Judge; STATEMENT OE PACTS. Mattie B. Draper brought suit against O. M. Battle to recover damages for the alleged breach of a contract. The defendant denied liability under the contract. Mattie B. Draper purchased from J. J. Battle two tracts of land in Hempstead County, Arkansas, known respectively as the Custer place and the Smith place.
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Appeal from Hempstead Circuit Court; George R. Eagnie, Judge; STATEMENT OE PACTS. Mattie B. Draper brought suit against O. M. Battle to recover damages for the alleged breach of a contract. The defendant denied liability under the contract. Mattie B. Draper purchased from J. J. Battle two tracts of land in Hempstead County, Arkansas, known respectively as the Custer place and the Smith place. On the 10th day of October, 1912, she executed a mortgage on said tracts of land in the sum of $19,000 to J. J. Battle to secure a balance of the purchase money. On the 9th day of December, 1912, she…
1Opinion of the CourtHart, J.
(after stating the facts). It is first insisted by counsel for the defendant that the court erred in giving instruction No. 1, as follows:
“1. If you find from a preponderance of the evidence that the plaintiff, Mattie B. Draper, through herself or her agent, and within one year from June 30, 1915, offered to pay the plaintiff (defendant) the sum of $7,000 as the balance due on the ‘ Custer place, ’ and that the defendant refused said offer, or waived a tender of said sum, and failed to execute a deed to plaintiff to said land, your verdict will be for the plaintiff.”
The correctness of this…
2Cases cited6 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Wilkes v. StacySupreme Court of Arkansas · 1914
- Davis v. SpannSupreme Court of Arkansas · 1909
- Johnson v. WilkersonSupreme Court of Arkansas · 1910
- Kilgore Lumber Co. v. ThomasSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Doup v. AlmandSupreme Court of Arkansas · 1948
- Phillips v. GravesSupreme Court of Arkansas · 1952
- Oil City Iron Works v. BradleySupreme Court of Arkansas · 1926
- Walden v. FallisSupreme Court of Arkansas · 1926
- A. J. Chestnut Co. v. HargraveSupreme Court of Arkansas · 1928
2 more not listed; retrieve them via the Exa API.