# Board of Directors v. Cottonwood Lumber Co.

> Supreme Court of Arkansas · May 11, 1908 · 86 Ark. 221

URL: https://www.frixlaw.com/law-library/cases/6546854

## Case

- **Full name:** Board of Directors of St. Francis Levee District v. Cottonwood Lumber Company
- **Court:** Supreme Court of Arkansas
- **Decided:** May 11, 1908
- **Citations:** 86 Ark. 221; 110 S.W. 805; 1908 Ark. LEXIS 394
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Wood
- **Judges:** Wood
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6546854

## Opinion text

Wood, J., (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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6546854. Public record. Not legal advice.