Cox v. Smith
Supreme Court of Arkansas
Appeal from Scott Chancery Court; J. V. Bourland, Chancellor; The complaint states sufficient facts to constitute a cause of action, and the right at the time to maintain the action.
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Appeal from Scott Chancery Court; J. V. Bourland, Chancellor; The complaint states sufficient facts to constitute a cause of action, and the right at the time to maintain the action. The $300.00 was not a penalty, but an agreed amount to be paid by the erection of the wall by a certain date; and when appellee failed to deliver the wall as stipulated and at the time agreed upon, the $300.00 then became due in money and so recoverable. 14 Ark. 315-319; 54 Ark. 340; 14 Ark. 345-352; 57 Ark. 168-178. Making a deed to recite payment of the purchase money is no bar to a suit to recover .it, if in…
1Opinion of the CourtFrauenthal, J.
This is an appeal from a decree of the chancery court sustaining a demurrer to the complaint and dismissing same for the want of equity. The complaint in substance and effect alleged that the plaintiff, W. R. Cox, was the owner of a block- of land in the town of Waldron, Ark., containing four lots, and that on the 21st day of February, 1907, he sold one of these lots, describing same, to the defendant, FI. N. Smith, for the price and sum of $550; that the defendant paid $250 of said purchase money in cash, and he agreed to pay the balance of said purchase money, towit, $300, in the following…
2Cases cited17 opinions
- Salyers v. SmithSupreme Court of Arkansas · 1900
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Ward v. StarkSupreme Court of Arkansas · 1909
- Martin v. SchichtlSupreme Court of Arkansas · 1895
- Turner v. WatkinsSupreme Court of Arkansas · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Brown v. Arkansas Central Power Co.Supreme Court of Arkansas · 1927
- Gus Blass Dry Goods Co. v. ReinmanSupreme Court of Arkansas · 1912
- Ellis v. First National BankSupreme Court of Arkansas · 1924
17 more not listed; retrieve them via the Exa API.