Smith v. Price
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; Southern District; John M. Elliott, Chancellor; 1. Appellant is entitled to specific performance. The contract is plain and unambiguous, appellant paid the cash payment called for by it, and, as appears by the undisputed evidence, he is and has at all times been ready, willing and able to perform his part of the contract. The court’s authority to grant the relief is beyond dispute.- Pomeroy, Eq.
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Appeal from Prairie Chancery Court; Southern District; John M. Elliott, Chancellor; 1. Appellant is entitled to specific performance. The contract is plain and unambiguous, appellant paid the cash payment called for by it, and, as appears by the undisputed evidence, he is and has at all times been ready, willing and able to perform his part of the contract. The court’s authority to grant the relief is beyond dispute.- Pomeroy, Eq. Jur., 3d ed., § 1402; 36 Cyc. 552. There has been no default on appellant’s part. On the contrary, it is shown that he exerted every effort to get the deal closed,…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the chancery court of Prairie county by appellant, R. B. Smith, against appellees to require the specific performance of a contract executed by him and appellee, W. M. Price, for the sale and purchase of a tract of 240 acres of land situated in said county.
Price owned the lands in question, which were encumbered by two mortgages to secure amounts aggregating about $4,000.00, neither of which mortgages were, however, executed by Price. The mortgages were executed by Price’s grantors prior to his purchasb. Price entered into a written contract with appellant,…
2Cases cited2 opinions
- Watkins v. TurnerSupreme Court of Arkansas · 1879
- Smith v. PriceSupreme Court of Arkansas · 1912
3Cited by7 opinions
- Dollar v. KnightSupreme Court of Arkansas · 1920
- Busch v. BakerSupreme Court of Florida · 1920
- Whittenburg v. GrovesTexas Commission of Appeals · 1919
- Cole v. SalyersSupreme Court of Arkansas · 1934
- McMichael v. CrawfordSupreme Court of Kansas · 1919
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