Butler v. Colson
Supreme Court of Arkansas
Appeal from Baxter Chancery Court; George T. Humphries, Chancellor; 1. When the parties to a contract of sale of lands have stipulated to make time of payment of the essence of the contract, a court of equity cannot relieve a vendee who has made default. 87 Ark. 593; Id. 393; 76 Ark. 578; 54 Ark. 16; 61 Ark. 266; 91 Ark. 133; 1 Pom. Eq. Jur.
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Appeal from Baxter Chancery Court; George T. Humphries, Chancellor; 1. When the parties to a contract of sale of lands have stipulated to make time of payment of the essence of the contract, a court of equity cannot relieve a vendee who has made default. 87 Ark. 593; Id. 393; 76 Ark. 578; 54 Ark. 16; 61 Ark. 266; 91 Ark. 133; 1 Pom. Eq. Jur. (2 ed.) § 455. A court of equity wiil not relieve against the failure of a vendee to perform a condition precedent. 2. Appellants’ withdrawal of the deed from the bank was not in violation of the contract. Even if it were an escrow, they had that right…
1Opinion of the Court
Hart; J.
This is an appeal by the defendants from a decree of the Baxter Chancery Court, decreeing specific performance of a contract for the sale of land.
On the nth day of June, 1906, the defendants, Zella Poynter, H. C. Butler and A. V. Butler, his wife, entered into a written contract with the plaintiff, W. J. W. Colson, as follows:
“This contract, made and entered into 'by Zella Poynter, Henry C. Butler and A. V. Butler, his wife, parties of the first part, and W. J. W. Colson, party of the second part:
“Witnesseth: That whereas the parties of the first part have this day conveyed by…
2Cases cited3 opinions
- Souter v. WittSupreme Court of Arkansas · 1908
- Carpenter v. ThornburnSupreme Court of Arkansas · 1905
- Atkins v. RisonSupreme Court of Arkansas · 1867
3Cited by5 opinions
- White v. PageSupreme Court of Arkansas · 1950
- Smith v. BerkauSupreme Court of Arkansas · 1916
- Feibelman v. HillSupreme Court of Arkansas · 1919
- Gilstrap v. StahlSupreme Court of Arkansas · 1921
- Riley v. WarnerSupreme Court of Arkansas · 1950