Wales-Riggs Plantations v. Banks
Supreme Court of Arkansas
Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; 1. The court erred in entering a decree reforming the contract.
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Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; 1. The court erred in entering a decree reforming the contract. Mere preponderance of evidence is not sufficient for the reformation of a written contract, but the mistake must appear beyond reasonable controversy. 94 Ark. 206; 71 Ark. 617; 85 Ark. 62. Reformation will be denied where the evidence for and against it is evenly balanced. 75 Ark. 72; 79 Ark. 262. Where a party has had opportunity to examine a contract submitted for his signature, he can not afterwards escape its obligations on the ground that he failed to do so.…
1Opinion of the CourtHart, J.
On the 11th day of March, 1910, the Wales-Riggs Plantations, a corporation, brought this suit in the circuit court against W. L. Banks and John Horton to recover possession of a forty-acre tract of land, belonging to the plaintiff, and leased to the defendant W. L. Banks for the term beginning July 2,1902, and ending November 1, 1911.
The complaint alleges that the lease contained certain covenants whereby the defendant Banks bound himself to reside on said land, and not to sublet it, and whereby he agreed to erect and maintain a lawful fence around the place; that said defendant has failed to…
2Cases cited6 opinions
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Blake v. ScottSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fullerton v. StorthzSupreme Court of Arkansas · 1930
- Augusta Cooperage Co. v. BlochSupreme Court of Arkansas · 1922
- Frazier v. HanesSupreme Court of Arkansas · 1952
- Pierce v. KennedySupreme Court of Arkansas · 1943
- Hodges v. HarrellSupreme Court of Arkansas · 1927
4 more not listed; retrieve them via the Exa API.