140 Ark. 252 | Ark. | 1919
Appellee recovered damages on account of an alleged breach of a contract of lease. He testified that he leased from appellant a forty-acre tract of land, of which only a small portion was in cultivation, and that by his contract he had. the privilege of clearing as much land in any year as he pleased, and that he was to have free of rent any land so cleared for a period of three years from the date of the clearing. He cleared eight acres the first year and six the next and built a barn which appellant had agreed to build. A controversy arose over the location of a fence which appellee desired to build around a pond of water. Appellant insisted that the pond was not on his land, but on land belonging to his father, and refused appellee permission to build the fence he desired to build, whereupon appellee left the farm.
As the cause will have to be remanded for a new trial, for the reason* that no breach of the contract by appellant was shown, we dispose of the questions of law discussed in appellant’s brief, there being no brief filed in appellee ’s behalf.
For the error indicated the judgment is reversed and the cause remanded for a new trial.