Malone v. Collins
Supreme Court of Arkansas
Appeal from Monroe Circuit Court;. Eugene Lankford, Judge; STATEMENT BY THE COURT. Gr. C. Collins brought suit in replevin against Sam Malone to recover two mules, valued in the aggregate, at $250. The defendant denied that the plaintiff had a right of possession of the property. Gr. C. Collins, the plaintiff, testified: The defendant, Sam Malone, was a tenant on my place and,purchased from me the mules in controversy for the purpose of cultivating his crop.
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Appeal from Monroe Circuit Court;. Eugene Lankford, Judge; STATEMENT BY THE COURT. Gr. C. Collins brought suit in replevin against Sam Malone to recover two mules, valued in the aggregate, at $250. The defendant denied that the plaintiff had a right of possession of the property. Gr. C. Collins, the plaintiff, testified: The defendant, Sam Malone, was a tenant on my place and,purchased from me the mules in controversy for the purpose of cultivating his crop. He first agreed to pay me $125 each for the mules, and they were worth $250 at that time. A few days later he came back and told me that…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is contended by counsel for defendant that the court erred in giving the instruction marked “Paragraph 3,” because, they say, there is no testimony tending to show that the contract had been violated by the defendant. They contend that, under the terms of the contract, the only condition under which the plaintiff had a right to retake the property was that the defendant should fail to pay for it. They insist that, under the testimony given by the plaintiff himself, it was not a part of the contract that the mules should be used exclusively on the farm,…
2Cases cited2 opinions
- Faisst v. WaldoSupreme Court of Arkansas · 1893
- Bilby v. FoohsSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Lanier v. TrammellSupreme Court of Arkansas · 1944
- Cook v. StateSupreme Court of Arkansas · 1922
- Memphis, Dallas & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1919