Wade v. Texarkana Building & Loan Ass'n
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; The contract of purchase automatically became null and void when payments were sixty days behind, and all payments made were forfeited as rents. 48 Ark. 413; 54 Ark. 16; 87 Ark. 593; 76 Ark. 578; 139 Ark. 60. John W. Welch had no authority to collect payments. 49 Ark. 320 ; 96 Ark. 456. No one has the right to trust to mere presumption of authority, nor to the mere assumption of authority of an agent. 62 Ark.…
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; The contract of purchase automatically became null and void when payments were sixty days behind, and all payments made were forfeited as rents. 48 Ark. 413; 54 Ark. 16; 87 Ark. 593; 76 Ark. 578; 139 Ark. 60. John W. Welch had no authority to collect payments. 49 Ark. 320 ; 96 Ark. 456. No one has the right to trust to mere presumption of authority, nor to the mere assumption of authority of an agent. 62 Ark. 33; 92 Ark. 315. He must ascertain his authority. 117 Ark. 173; 105 Ark. 111. An agent who is employed to solicit orders…
1Opinion of the Court
. Wood, J.
On the 7th day of April, 1921, Frank Mosley and M. C. Wade entered into the following contract :
“I hereby make application for lots 12 and 13 in block 3 in Iron Mountain Addition to Texarkana, Arkansas, at the price of $425, payable $10 per month without interest, except after maturity, and all past due payments to draw 10 per cent, interest. It is agreed that I am to get general warranty deed when I have paid amount due in full. It is understood and agreed that when payments are sixty days behind, this contract is null and void, and all payments made shall be forfeited as rents. ’ ’
2Cases cited7 opinions
- de Everett v. HenryTexas Supreme Court · 1887
- Davis v. JerniganSupreme Court of Arkansas · 1903
- Barnett v. HugheySupreme Court of Arkansas · 1891
- Phillips v. ReichertIndiana Supreme Court · 1861
- Souter v. WittSupreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- White v. PageSupreme Court of Arkansas · 1950
- Clausells Armstrong v. SalasSupreme Court of Puerto Rico · 1937
- Sewell v. HarkeySupreme Court of Arkansas · 1943
- Harrison v. MobleySupreme Court of Arkansas · 1947
- Lollis v. LollisSupreme Court of Arkansas · 1935
5 more not listed; retrieve them via the Exa API.