Sims v. Whitlock
Cases that cite this one
1 later published case cites this decision.
- Johnson v. Dooley (Ark. 1898)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.