Shelton v. Ratterree
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. Parties were bound by attorney’s opinion. The understanding was, and the law implies, a marketable title. Bradshaw, the attorney, decided the title was not marketable. This was final unless fraud was shown. 48 Ark. 522; 17 L. R. A. 207; 96 S. W. 79; 36 Pac. 1039; 27 How. Pr. 327. 2. The title was not marketable.
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Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. Parties were bound by attorney’s opinion. The understanding was, and the law implies, a marketable title. Bradshaw, the attorney, decided the title was not marketable. This was final unless fraud was shown. 48 Ark. 522; 17 L. R. A. 207; 96 S. W. 79; 36 Pac. 1039; 27 How. Pr. 327. 2. The title was not marketable. A title may be perfectly good 'and yet not be a marketable title. 85 Ark. 289; 63 Id. 549. Where a vendor .agrees to furnish .a satisfactory title, a marketable title, the vendee is not bound until ¡such a title is…
1Opinion of the CourtSmith, J.
Ratteree & Sons are real estate agents in Little Rock, and as such had a Contract with the owners of certain lots in that city to negotiate a sale, and on the ■15th of January, 1914, an agreement was reached with appellant for the sale of the lots which form the subject-matter of this litigation. It was agreed that the Ratterrees should furnish an abstract showing a marketable title to the lots, and .an abstract was furnished. The parties differ as to their agreement in regard to the examination of this title, it being contended by appellant that the understanding was that the title should be…
2Cases cited4 opinions
- Barnett v. HugheySupreme Court of Arkansas · 1891
- Mays v. BlairSupreme Court of Arkansas · 1915
- Collier v. CowgerSupreme Court of Arkansas · 1889
- Leroy v. HarwoodSupreme Court of Arkansas · 1915
3Cited by11 opinions
- R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
- Fox v. PinsonSupreme Court of Arkansas · 1930
- Hinton v. MartinSupreme Court of Arkansas · 1922
- Dalton v. LybargerSupreme Court of Arkansas · 1922
- Bates v. SimmonsSupreme Court of Arkansas · 1976
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