Sims v. Whitlock
This text of 5 Ark. 103 (Sims v. Whitlock) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the Court,
It is to be observed, that no steps were taken as to the defendant not served; nor does the record show what ■ defendant demurred. This is, certainly, a very irregular proceeding.
No cause of demurrer has been pointed out. We have looked through the declaration, which seems to be substantially good. 2 Ark. Rep. 115, Davies vs. Gibson. According to the principles settled in the case of Dillard vs. Evans, 4 Ark. Rep. 175, covenant was the proper remedy. The breach is well laid for the non-performance of the covenant, according to its terms. In our opinion, therefore, the demurrer was wrongfully sustained. Judgment reversed.
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5 Ark. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-whitlock-ark-1843.