Braddock v. England
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. The contract involved in this case is valid, under repeated decisions of this court. 48 Ark. 413; 54 Ark. 16; 61 Ark. 266; 75 Ark. 410; 78 Ark. 574; 51 Ark. 218; 134.U. S. 68. Under the terms of the contract, the vendee, Luckett, when he defaulted in the payment of either of the purchase notes, elected to become the tenant of the vendor. 18 Am. & Eng.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. The contract involved in this case is valid, under repeated decisions of this court. 48 Ark. 413; 54 Ark. 16; 61 Ark. 266; 75 Ark. 410; 78 Ark. 574; 51 Ark. 218; 134.U. S. 68. Under the terms of the contract, the vendee, Luckett, when he defaulted in the payment of either of the purchase notes, elected to become the tenant of the vendor. 18 Am. & Eng. Enc. of L. 168; 20 Fla. 467; 66 Miss. 1x8. 2. Braddock was entitled to the return of his contract before delivering up the notes. He should have been permitted to testify, as he…
1Opinion of the CourtI-IiLL, C. J.
On March 12, 1902, Braddock sold to William Euckett, a negro, the west half of lot 1, block 32, Braddock’s Boulevard Addition to the city of Little Rock, for the sum of $400, fifteen dollars being paid in cash and the balance evidenced by 77 notes for $5 each, payable monthly. The agreement stipulated that, upon the payment of the purchase price, a deed would be made to the purchaser, and that, upon default in the payment of any of-said notes, the remaining notes should become due and payable, the obligation resting upon Braddock to make a deed should become void, and the money theretofore…
2Cases cited4 opinions
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Bain v. ParkerSupreme Court of Arkansas · 1905
- Banks v. BowmanSupreme Court of Arkansas · 1907
- Morris v. GreenSupreme Court of Arkansas · 1905
3Cited by14 opinions
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Berry v. CrawfordSupreme Court of Arkansas · 1963
- Turpin v. BeachSupreme Court of Arkansas · 1909
- Vernon v. McEntireSupreme Court of Arkansas · 1960
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