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McCarty v. Pinkston
Citations: 228 Ark. 952; 311 S.W.2d 773; 1958 Ark. LEXIS 654Docket: 5-1510
Court: Supreme Court of Arkansas; March 24, 1958; Arkansas; State Supreme Court
A written lease agreement between Walton McCarty and L. D. and James S. Pinkston, which commenced on July 1, 1953, for a five-year term at $250 per month, was the subject of a legal dispute. After McCarty sold the property to his brother, E. L. McCarty, he continued to act as the agent for the new owner in matters concerning the lease. The Pinkstons paid rent until June 1956, when they vacated the premises. In September 1956, the McCartys sued for unpaid rent after June 1956, asserting that the lease was still in effect. The Pinkstons contended that the lease had been mutually canceled through an oral agreement, and they had delivered possession back to the McCartys. The case was tried before a jury, which found in favor of the Pinkstons. The McCartys appealed, questioning whether there was substantial evidence to support the jury's verdict. The court confirmed that a written lease can be terminated by an executed oral agreement, referencing precedent. While the McCartys denied any agreement to terminate and claimed they did not receive possession, L. D. Pinkston testified that he vacated the building and left the keys with Walton McCarty, who admitted to receiving them without returning them. The court upheld the jury's decision, affirming that substantial evidence existed to support the verdict in favor of the Pinkstons.