Anderson v. Wainwright

Decided October 28, 1899

Supreme Court of Arkansas · decided 1899-10-28

On December 12, 1896, plaintiff filed her complaint in the Hempstead circuit court on the chancery side thereof, alleging: That on the 23d day of September, 1892, one Wm.

Relies on Hershy v. Clark

Good law ✅— No negative treatment on recordhow we know

Decided 1899-10-28

How this case has been cited

Cited by 7 later decisions — most recently February 1959

2 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hughes, J.,

¶1(after stating the facts.) The contract was in writing, and could not be changed or added to by parol evidence. The demurrer to the answer was properly sustained.

¶2If it is shown that there was a valid consideration for the plaintiff’s agreement not to enforce her lien, she could only be held bound to refrain from doing so for a reasonble length of time. She did refrain from suit to enforce her lien for four years. We think that this was as much as could be required of her. A party cannot be held to have precluded himself from the exercise of the right to resort to the courts to protect and enforce a legal right. Chadwick v. Hopkins, 62 Am. St. Rep. 38; Hershy v. Clark, 35 Ark. 17; Brooks v. Cooper, 35 Am. St. Rep. 793.

¶3The judgment is affirmed.

Battle, J., did not participate in the determination of this cause.