Hirschman v. Forehand
Supreme Court of Arkansas
Appeal from Poinsett Chancery Court; Charles D. Frierson, Chancellor; 1. The contract is too uncertain and indefinite to support specific performance. 85 Ark. 3. 2. It can not be made certain by other proof. 85 Ark. 4. 3. The refusal of the wife to relinquish dower was a good defense. 6 Pom. Eq. 794. The complainant should be remitted to his legal remedy.
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Appeal from Poinsett Chancery Court; Charles D. Frierson, Chancellor; 1. The contract is too uncertain and indefinite to support specific performance. 85 Ark. 3. 2. It can not be made certain by other proof. 85 Ark. 4. 3. The refusal of the wife to relinquish dower was a good defense. 6 Pom. Eq. 794. The complainant should be remitted to his legal remedy. Ib. 4. No effort was made to have the contract reformed. 85 Ark. 4. 1. The contract is vague and uncertain, but delivery of possession and making valuable improvements on the lots takes the case out of the statute. 46 Ark. 246, 247, 249; -68…
1Opinion of the CourtMcCulloch, C. J.
Defendant is in possession of real estate in Poinsett County, Arkansas, described as lots Nos. 8, 9 and 10, in block 13, of Hirschman’s First Addition to the incorporated town of Lepanto, and asserts ownership to said property under an alleged contract of sale executed to him by the plaintiff. ' The plaintiff instituted this action to recover possession of the property, and defendant filed an answer and cross bill, .setting up title under his -alleged purchase from plaintiff, and prayed for a specific performance of said contract.
The contract exhibited by defendant with his cro-sscomplaint…
2Cases cited4 opinions
- Leach v. ForneySupreme Court of Iowa · 1866
- Zebley v. SearsSupreme Court of Iowa · 1874
- Vaughan v. ButterfieldSupreme Court of Arkansas · 1908
- Troutman v. GowingSupreme Court of Iowa · 1864
3Cited by14 opinions
- Skinner v. StoneSupreme Court of Arkansas · 1920
- McKim v. McLineySupreme Court of Arkansas · 1971
- Fisher v. MillerSupreme Court of Florida · 1926
- Williams v. WesselsSupreme Court of Kansas · 1915
- McKim v. McLineySupreme Court of Arkansas · 1971
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