Board of Directors v. Cottonwood Lumber Co.
Cases that cite this one
3 later published cases cite this decision.
- Bodcaw Oil Co. v. Atlantic Refining Co. (Ark. 1950)
- Blanton v. Jonesboro Building & Loan Ass'n (Ark. 1928)
- Ritter v. Board of Directors (Ark. 1917)
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
(after stating the facts.) In the absence of fraud or covenants of title, a vendor of land is not liable to the vendee for the purchase money because the title failed. In such case the vendee voluntarily parts with his money for only such title as the vendor has. If he has none, the vendee gets none, and is without recourse. Such is the contract between vendor and vendee in a purely quitclaim -deed. Gouverneur v. Elmendorf, 5 Johns. Ch. 79 (Kent.); Stoddard v. Prescott, 58 Mich. 542; Inhabitants of Barkhamsted v. Case. 5 Conn. 528; Clark v. Sigourney, 17 Conn. 511; Gates v. Winslow, 1 Mass. 65; Peters v. Bowman, 98 U. S. 56; Whitmore v. Farrington, 76 N. Y. 452; Thorkildsen v. Carpenter, 120 Mich. 419; Gibson v. Richart, 83 Ind. 313; Porter v. Cook, 114 Wis. 60. See also Diggs v. Kirby, 40 Ark. 420.
The secretary was without authority to bind the board by any promise he might have made. The board made no promise, and the record fails to show a -cause of action.
Reversed and remanded for new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.