Ellege v. Henderson
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James S. Steel, Judge; STATEMENT of facts. This is an aotion in replevin by John C. Henderson against Alice Ellege to recover certain personal property.
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Appeal from Sevier Circuit Court; James S. Steel, Judge; STATEMENT of facts. This is an aotion in replevin by John C. Henderson against Alice Ellege to recover certain personal property. The suit is based upon a contract between the parties, which is as follows: “In consideration of your having this day given us a check for $500, and agreeing to pay us two thousand dollars within ten days and executing in favor of us vendor lien note for $1,550 against the lots covering 100 by 140 feet, on which now stands the Ellege Hotel, Horatio, Arkansas, said notes to run for one year and bear 8 per cent…
1Opinion of the CourtHart, J.
(after stating the facts). It is sought by the plaintiff to uphold the judgment on the ground that the contract is not ambiguous and that the court properly construed it not to reserve the articles sued for.
On the other hand, it is contended by the defendant that the contract is ambiguous, and that oral testimony was admissible to explain the meaning of the words, “personal effects,” as used in the contract. Ordinarily it is the duty of the court to construe a written contract and declare its meaning to the jury. Where, however, the contract contains words of latent ambiguity, oral testimony…
2Cases cited2 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Wilkes v. StacySupreme Court of Arkansas · 1914
3Cited by14 opinions
- Fort Smith Appliance & Service Co. v. SmithSupreme Court of Arkansas · 1951
- Mathis v. CauseySupreme Court of Georgia · 1931
- Hatch v. JonesArizona Supreme Court · 1956
- Tribble v. LawrenceSupreme Court of Arkansas · 1965
- Mays v. BarnettSupreme Court of Arkansas · 1921
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