Halsell v. Renfrow
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. A contract binding under the statute of frauds may be gathered from letters, telegrams and writings. Beckwith v. Talbot, 95 U. S. 289; Ryan v. United States, 136 U. S. 68; Bibb v. Allen, 149 U. S. 481. The contract is presumptive evidence .of''a consideration, and the burden of showing a want of consideration is upon the party seeking to avoid it.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The facts are stated in the opinion. A contract binding under the statute of frauds may be gathered from letters, telegrams and writings. Beckwith v. Talbot, 95 U. S. 289; Ryan v. United States, 136 U. S. 68; Bibb v. Allen, 149 U. S. 481. The contract is presumptive evidence .of''a consideration, and the burden of showing a want of consideration is upon the party seeking to avoid it. Ok,/Statutes of 1893, § 815. . There is no such thing a§,.-á specialty or distinction between that and a simple contract under our law, and no statute…
1Opinion of the CourtJustice Holmes
This is an action for the specific performance of an alleged agreement to convey land, brought by the plaintiffs in error against the defendants in error. The case was tried before a judge of the Supreme Court, and all the issues were found for the defendants. It then was taken before the full court upon a transcript of the evidence and proceedings, and the judgment for the defendants was affirmed. 14 Oklahoma, 674. Thereupon it was brought here by appeal.
It is assumed by the parties that the statement of facts prefixed t.o the opinion in the record is not the finding required by the act of…
2Cases cited3 opinions
- De La Rama v. De La RamaSupreme Court of the United States · 1906
- Sanford v. SanfordSupreme Court of the United States · 1891
- Oklahoma City v. McMasterSupreme Court of the United States · 1905
3Cited by36 opinions
- Woodworth v. FranklinSupreme Court of Oklahoma · 1921
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- Foster v. Atlas Life Ins. Co.Supreme Court of Oklahoma · 1931
- Southern Pine Lumber Co. v. WardSupreme Court of the United States · 1908
- Clark v. Slick Oil Co.Supreme Court of Oklahoma · 1922
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