Barton v. Sturgis
| Decision Date | 04 April 1955 |
| Docket Number | No. 5-632,5-632 |
| Citation | 224 Ark. 924,278 S.W.2d 114 |
| Court | Arkansas Supreme Court |
| Parties | T. K. BARTON, Trustee and Arkansas Radio & Equipment Co., Appellants, v. Roy STURGIS and Christine Sturgis, Appellees. |
Catlett & Henderson, Little Rock, Davis & Allen, El Dorado, for appellants.
McMillan & McMillan, Arkadelphia, Wright, Harrison, Lindsey & Upton, Little Rock, for appellees.
This is a suit for specific performance.
December 8, 1952, Roy Sturgis and his wife, Christine, fee simple owners of SE 1/4 of the NE 1/4 of Section 21, in Township 2 North, Range 14 West, Pulaski County, Arkansas, which land is on Shinall Mountain, west of Little Rock, (40 acres), granted to appellant, T. K. Barton, as Trustee, for a consideration of $100, an option contract in writing to purchase, at a price of $2,900 the above described land, together with an easement for ingress to and egress from said property, over an existing road across the S 1/2 of the N 1/2 of Section 22, Township 2 North, Range 14 West, Pulaski County. As indicated, at the time the option was executed, Barton paid $100 and Barton was allowed until October 22, 1953 to exercise the option. The option contained these further provisions:
'1. Barton shall have the right to exercise the option herein granted at any time prior to October 22, 1953. Barton may exercise the option hereby granted by depositing in the United States mail written notice to Grantors to that effect, with postage prepaid, to be forwarded by registered mail, addressed to Roy Sturgis, 702 First National Bank Building, Dallas, Texas. The option hereby granted shall be deemed to be exercised when said notice is deposited in the United States mail as aforesaid.
'2. Within thirty (30) days of the date of the exercise of said option by Barton, Grantors shall execute, acknowledge and deliver to Barton at Little Rock, Arkansas, a warranty deed conveying to him the land hereinbefore described, together with the easements hereinbefore mentioned, in which Christine Sturgis shall release all of her right of dower and homestead in and to the property thereby conveyed.
'3. Upon the delivery of said deed, Barton shall pay to said Grantors as the purchase price for said land the sum of Two Thousand Nine Hundred and No/100 Dollars ($2,900.00) in cash.
At the time the option was executed, Barton was Vice President and General Manager of appellant, Arkansas Radio and Equipment Co., which was then operating Radio Station KARK of Little Rock, and the option was in fact taken by him as trustee for that company, although the company was not named in the option.
On June 15, 1953, there was pending before the Federal Communications Commission application of Arkansas Radio and Equipment Co. to construct a tower and equipment on the land here involved to transmit television broadcasts on Channel 4. On this same date, the Arkansas Television Company,--which operates KTHS,--had made application to the Federal Commission, above, for permission to erect, on another site than the one involved here, a tower and equipment to transmit television broadcasts on this same Channel 4. On this date (June 15, 1953) appellant, Arkansas Radio and Equipment Co. and Arkansas Television Co. entered into an agreement by which Arkansas Television Co. would withdraw its application for a permit to broadcast on Channel 4 and apply for a permit to broadcast on Channel 11. In consideration for this promise, Arkansas Radio and Equipment Co. agreed that if it obtained a permit to broadcast on Channel 4, it would permit Arkansas Television Co. to use jointly with it, for broadcasting on Channel 11, the tower to be constructed on the land involved here by Arkansas Radio and Equipment Co., or should Arkansas Radio and Equipment Co. fail to obtain its permit to construct and operate a television station, and Arkansas Television Co. obtained the permit which it would seek to broadcast on Channel 11, then appellant, Arkansas Radio and Equipment Co. would permit Arkansas Television Co. to construct and operate its television tower and equipment on the land here involved.
On the next day (June 16, 1953) Arkansas Television Co. withdrew its Channel 4 application from the Communications Commission and applied for a permit to telecast on Channel 11. On June 17th, following, the Communications Commission issued a permit to Arkansas Radio and Equipment Co. to construct and operate a television tower and broadcasting equipment on the land here involved for broadcasting television on Channel 4.
Thereafter, on August 17, 1953, Barton, by letter, in accordance with option provision, above, informed appellees, that he elected to exercise the option to purchase the land here involved, together with the easement of...
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Skokos v. Skokos
...the agreement "and consider it from its four corners, as we must, its terms appear clear and unambiguous." Barton v. Sturgis, 224 Ark. 924, 927-28, 278 S.W.2d 114, 117 (1955). The agreement clearly and unambiguously states that Ms. Skokos would accept payment from Mr. Skokos subject to her ......
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Wiener v. Farm Credit Bank of St. Louis, Civ. No. J-C-90-81.
...as amended by the Agricultural Credit Act of 1987. Plaintiffs' Exhibits 5 and 20, Docket No. 18 (emphasis added). In Barton v. Sturgis, 224 Ark. 924, 278 S.W.2d 114 (1955), the Arkansas Supreme Court was called upon, within the context of a specific performance lawsuit, to interpret the lan......