Legal Opinion · Dissent

Harrison v. Oates

Supreme Court of Arkansas

Decided December 4, 1961No. 5-2505Published

1DissentEd. F. McFaddin, Associate Justice

The Trial Court found that the appellant “has failed to prove that he had a valid and binding contract to purchase the lands involved in this action . . .”; and with that finding of the Trial Court I thoroughly agree. I summarize my reasons for dissenting.(1) Mrs. Oates did not sign anything, and the proof is insufficient to show that she, in any way, authorized or empowered her husband to bind her, or ratified, in anyway, any sale contract as claimed by appellant. I cannot see how she can be held to specific performance.(2) Harrison’s possession of the land was as a tenant and not as a…

2Cases cited2 opinions

  1. Wyatt v. YinglingSupreme Court of Arkansas · 1948
  2. Kromray v. StobaughSupreme Court of Arkansas · 1947

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