Kahn v. Wilhelm
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT BY THE COURT. The appellant leased to appellee Wilhelm a building situated in the city of Argenta, for the term of five years, beginning January 1, 1913, at the rate of $165 per month, payable in advance; and appellee Schneider guaranteed the performance of the contract on the part of Wilhelm.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT BY THE COURT. The appellant leased to appellee Wilhelm a building situated in the city of Argenta, for the term of five years, beginning January 1, 1913, at the rate of $165 per month, payable in advance; and appellee Schneider guaranteed the performance of the contract on the part of Wilhelm. For reasons hereinafter stated Wilhelm declined to pay rent, and Schneider was sued in his capacity of guarantor. The suit was based upon a written lease, which, contained the following provisions: “And the said party…
1Opinion of the Court
Smith, J.,
(after stating the facts). The controlling question in the case is whether or not the ordinance of the City of Argenta, making it unlawful to sell intoxicating liquors in the leased premises, operated to cancel the lease. It will be observed that the language of the lease is that Wilhelm covenants that he will use said premises as a hotel and saloon, and for no other purpose whatever, and that he specially will not let said premises, or permit same to be used for any unlawful business or purpose whatever.(1) It is first argued that the word “saloon” does not necessarily mean a place…
2Cases cited6 opinions
- Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
- Greil Bros. v. MabsonSupreme Court of Alabama · 1912
- O'Byrne v. HenleySupreme Court of Alabama · 1909
- Cordes v. MillerMichigan Supreme Court · 1878
- American Mercantile Exchange v. BluntSupreme Judicial Court of Maine · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wood v. BartolinoNew Mexico Supreme Court · 1944
- Stratford, Inc. v. Seattle Brewing & Malting Co.Washington Supreme Court · 1916
- Colonial Operating Corp. v. Hannan Sales & Service, Inc.City of New York Municipal Court · 1942
- Kaiser v. ZeiglerAppellate Terms of the Supreme Court of New York · 1921
- Brunswick-Balke-Collender Co. v. Seattle Brewing & Malting Co.Washington Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.