Legal Opinion

Lasker-Morris Bank & Trust Co. v. Jones

Supreme Court of Arkansas

Decided December 22, 1917PublishedCited by 5 opinions

Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in its findings of facts and conclusions of law therefrom. Appellant was employed to sell or change appellee’s property. A purchaser was procured and a binding contract entered into, which was never carried out through the fault of appellee.

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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in its findings of facts and conclusions of law therefrom. Appellant was employed to sell or change appellee’s property. A purchaser was procured and a binding contract entered into, which was never carried out through the fault of appellee. No valid defense was shown. 117 Ark. 566. Parol evidence was admissible to show the real consideration of the contract. 10 R. C. L. 1020, par. 213. Specific performance against Raines could have been maintained to compel Raines to pay the $4,000. See also A. & E.…

1Opinion of the CourtSmith, J.

Appellant brought this suit to recover a sum alleged to be due as commissions upon a sale of real estate. The suit was prosecuted upon the theory that appellee had employed appellant to negotiate a sale of certain lots owned by her in the city of Little Rock, and that a valid and binding contract had been-entered into with a prospective purchaser, which appellee should have caused to be specifically performed, and that, when she failed to do so, and thereby released the prospective purchaser from the obligations of his contract,-she did not absolve herself from her liability for the broker’s…

2Cases cited4 opinions

  1. J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
  2. Moore v. IrwinSupreme Court of Arkansas · 1909
  3. Reeder v. EppsSupreme Court of Arkansas · 1914
  4. Wilkins v. EanesSupreme Court of Arkansas · 1916

3Cited by5 opinions

  1. Nelson v. StolzSupreme Court of Arkansas · 1939
  2. Boyles v. KnoxSupreme Court of Arkansas · 1947
  3. Lollis v. LollisSupreme Court of Arkansas · 1935
  4. Warmack v. PerkinsSupreme Court of Arkansas · 1918
  5. Thomason v. HesterSupreme Court of Arkansas · 1931

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