Legal Opinion

Walden v. Kirkland

Supreme Court of Arkansas

Decided December 10, 1917Published

Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The court erred in refusing instructions 1 and 2, requested by plaintiff. Appellee agreed to pay $1,400 cash and $200 in work.

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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The court erred in refusing instructions 1 and 2, requested by plaintiff. Appellee agreed to pay $1,400 cash and $200 in work. If he failed to perform any of his covenants he was to pay $1,600 rent, October 1,1916. He did not comply with his covenants, to clean out all the ditches, clear up and. cultivate three acres of land, dig up the patches of Bermuda grass and clean up the Thorny creek drain, etc. Nor did he pay or offer to pay the $1,400 when dne. He failed to comply with his covenants and was liable for $1,600…

1Opinion of the CourtHumphreys, J.

Appellant instituted suit against appellee in the Dardanelle District of the Yell Circuit Court to recover rents in the sum of $1,600 with 10 per cent, interest from the first day of October, 1916, on 286% acres of land in Yell County, which appellant had rented to appellee for the year beginning January 1,1916, and ending on January 1, 1917. It was alleged in the complaint that appellee had agreed in writing to pay $1,400 in cash on the 1st day of October, 1916, and that he would clean off, clean out and level down ditches, dig up four or five patches of Bermuda and that he would take off…

2Cases cited5 opinions

  1. Fitzgerald v. La PorteSupreme Court of Arkansas · 1897
  2. Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906
  3. Mitchell v. CaplingerSupreme Court of Arkansas · 1911
  4. Thomas v. JacksonSupreme Court of Arkansas · 1912
  5. Harris v. GrahamSupreme Court of Arkansas · 1908

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