Legal Opinion

Newton v. Mathis

Supreme Court of Arkansas

Decided October 20, 1919PublishedCited by 5 opinions

Appeal from Johns on Circuit Court; A. B. Priddy, Judge; 1. This is 'a suit for conversion or damages of personal property in the sum of $300, and the justice had no jurisdiction. Kirby’s Digest, § 4552. 2. The lease was verbal and not to be performed within a year, and hence within the statute of frauds.

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Appeal from Johns on Circuit Court; A. B. Priddy, Judge; 1. This is 'a suit for conversion or damages of personal property in the sum of $300, and the justice had no jurisdiction. Kirby’s Digest, § 4552. 2. The lease was verbal and not to be performed within a year, and hence within the statute of frauds. Kirby’s Digest, § 3654; 48 Ark. 485; 46 Id. 80; 65 Id. 604; Carnahan v. Terr all, 137 Ark. 407. In determining whether a contract! comes wii'thin the statuiie, courts are to be g-overned by the language and intention of the parties as to the time of performance. 54 Ark. 199; 93 Id. 3.…

1Opinion of the CourtSmith, J.

Appellee recovered damages on account of an alleged breach of a contract of lease. He testified that he leased from appellant a forty-acre tract of land, of which only a small portion was in cultivation, and that by his contract he had. the privilege of clearing as much land in any year as he pleased, and that he was to have free of rent any land so cleared for a period of three years from the date of the clearing. He cleared eight acres the first year and six the next and built a barn which appellant had agreed to build. A controversy arose over the location of a fence which appellee desired…

2Cases cited1 opinion

  1. Storthz v. WattsSupreme Court of Arkansas · 1916

3Cited by5 opinions

  1. Bolin v. Drainage District No. 17Supreme Court of Arkansas · 1943
  2. Martin v. State Ex Rel. Saline CountySupreme Court of Arkansas · 1926
  3. Sims v. RobertsSupreme Court of Arkansas · 1934
  4. Stooksberry v. PiggSupreme Court of Arkansas · 1927
  5. White v. Southern Kraft Corp.Court of Appeals for the Eighth Circuit · 1942

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