Vaught v. Paddock
Supreme Court of Arkansas
Appeal from Montgomery Chancery Court; Alphonso Curl, Chancellor; 1. The demurrer to the complaint should have been sustained because there was no sufficient allegation of fraud. 2. Plaintiff has failed to establish, by any proper evidence, any agency in Jones further than that of solicitor to procure purchasers for the lots.
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Appeal from Montgomery Chancery Court; Alphonso Curl, Chancellor; 1. The demurrer to the complaint should have been sustained because there was no sufficient allegation of fraud. 2. Plaintiff has failed to establish, by any proper evidence, any agency in Jones further than that of solicitor to procure purchasers for the lots. In the absence of proof that the written instruments had been lost, destroyed or could not be procured, oral testimony was inadmissible to prove the various transfers and the property conveyed. 77 Ark. 177; Id. 244. Written instruments cannot be proved, nor the terms…
1Opinion of the CourtFrauenthal, J.
This suit was brought by Porter Paddock, the plaintiff below, to secure the specific performance of a contract for the conveyance of land and the reformation of a deed in which, it was alleged, a portion of the land had been omitted from the description thereof. The defendant filed a demurrer to the complaint; but, without seeking a ruling of the court thereon, he filed an answer, in which he joined issue on every allegation of the complaint and set forth every defense that he had looking to a full development of the merits of the case. Testimony was thereupon taken which fully developed the…
2Cases cited9 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Gillespie v. MoonNew York Court of Chancery · 1817
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- McCurry v. HawkinsSupreme Court of Arkansas · 1907
- Forrester-Duncan Land Co. v. EvattSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- Ray v. RobbenSupreme Court of Arkansas · 1956
- Parker v. JonesSupreme Court of Arkansas · 1952
- Dallas v. MoseleySupreme Court of Arkansas · 1921
- Cohen v. BlankSupreme Court of Pennsylvania · 1986
2 more not listed; retrieve them via the Exa API.