Alford v. Prince

• Decision Date: 29 October 1928
• Docket Number: 211
• Citation: 10 S.W.2d 10,178 Ark. 159
• Parties: ALFORD v. PRINCE
• Court: Arkansas Supreme Court

10 S.W.2d 10

178 Ark. 159

ALFORD v. PRINCE

No. 211

Supreme Court of Arkansas

October 29, 1928

Appeal from Mississippi Circuit Court, Chickasawba District; G. E Keck, Judge; affirmed.

STATEMENT OF FACTS.

W. O Prince sued J. T. Alford and T. E. Reeves to recover damages in the sum of $ 1,200 for the alleged breach of a lease contract of real estate. The defendants denied that they had committed a breach of the lease contract.

On December 3, 1923, J. T. Alford and B. L. Downs entered into a lease contract in writing as follows:

"This agreement, made and entered into by and between J. T. Alford as party of the first part, and B. L. Downs, as party of the second part, witnesseth: That first party hereby rents and leases to second party the house located on lot 17, in block 33, of the original survey of Blytheville, Arkansas, for time and upon the terms hereafter set out. Second party is to rent and does hereby rent said premises for a week at a time beginning on January 1, 1924, and for the rent thereof said second party is to pay to first party, on January 1, 1924 the sum of $ 6 as the weekly rental thereof, and is to pay to first party each week thereafter, on the first day of each week, the sum of $ 6. Failure of the second party to pay said rents promptly, when due, shall forfeit his right to longer occupy said premises, and the forbearance of first party in demanding any rent when due shall not be a waiver of his right to carry out the terms hereof. It is further agreed that, when first party gets ready to build a new building upon said lots, he shall give second party a ten-days' notice thereof, and second party hereby agrees to vacate said premises at once and deliver the same to first party. It is further agreed that, if first party constructs a new house upon said lot, then second party shall have the refusal of renting the same for a period of two years from date of completion, at the rental price of $ 50 per month, payable in advance."

Upon the contract is indorsed the following:

"Lease transferred satisfactorily. When old building is torn out, the rent stops until new building is completed. J. T. Alford, W. O. Prince."

According to the testimony of W. O. Prince, a building about twelve feet wide and twenty-four feet long, which was on the lot in question, was torn down, and T. E. Reeves came to him and tried to get a reduction in the terms of the lease. Prince refused to comply with his request. Subsequently Reeves built two new buildings on lot 17, which buildings occupied the whole lot. The lot was twenty-six feet wide by ninety feet long. The two new buildings rented for $ 50 each. Reeves and Alford offered Prince one of the buildings for $ 50 per month. Prince refused to accept their offer, and demanded both buildings at a rental of $ 50 per month. He was refused possession of the buildings at that price, and Reeves received $ 100 for the two buildings for two years.

According to the testimony of T. E. Reeves, he first learned that W. O Prince claimed any right under the lease after he had purchased the lot in question and received a deed to it on April 19, 1924. This was before the new building had been constructed on said lot 17. No person had told him about...