Sorrels v. Marble
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; J. M. Barker, Chancellor; The decree granting the relief prayed in the cross-bill is erroneous. The fact that Emerson waived the forfeiture as late as 1907 would not give Marble and his estate an indefinite time in which to pay and demand a deed. 77 Am. Rep. 848; 68 Am. Dec. 87. While time is not ordinarily esssential in specific performance, it is material, and the delay must be explained and accounted for. 4 Pomeroy, Eq.
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Appeal from Columbia Chancery Court; J. M. Barker, Chancellor; The decree granting the relief prayed in the cross-bill is erroneous. The fact that Emerson waived the forfeiture as late as 1907 would not give Marble and his estate an indefinite time in which to pay and demand a deed. 77 Am. Rep. 848; 68 Am. Dec. 87. While time is not ordinarily esssential in specific performance, it is material, and the delay must be explained and accounted for. 4 Pomeroy, Eq. Jur., § 1468; 146 S. W. 495. After unreasonable delay relief should not be granted. 2 Story, Eq. Jur., § 742. Evidently Emerson had…
1Opinion of the CourtMcCulloch, C. J.
The decree appealed from compels the specific performance of a written contract for the sale of a forty-acre tract of land in Columbia County. The contract was entered into in the year 1902 between R. L. Emerson, the ancestor of appellants, who was the owner of the land, and J. M. Marble, the husband and father of appellees. The price specified in the contract was the sum of $50, payable in three installments, evidenced by promissory notes bearing interest at the rate of ten per centum per annum from date until paid. The contract provided in substance that upon failure of Marble to make…
2Cases cited1 opinion
- Hanson v. BrownSupreme Court of Arkansas · 1919
3Cited by1 opinion
- Wade v. Texarkana Building & Loan Ass'nSupreme Court of Arkansas · 1921