Dallas v. Moseley
Supreme Court of Arkansas
Appeal from G-arland Circuit Court; Scott Wood, Judge; Equity will enforce performance of a verbal contract for the purchase of land where the purchaser has taken possession thereunder, and made improvements. 1 Ark. 391; 63 Ark. 100; 109 Ark. 310. The first duty of an agent is loyalty to his principal.
Read the full summary
Appeal from G-arland Circuit Court; Scott Wood, Judge; Equity will enforce performance of a verbal contract for the purchase of land where the purchaser has taken possession thereunder, and made improvements. 1 Ark. 391; 63 Ark. 100; 109 Ark. 310. The first duty of an agent is loyalty to his principal. He must account for funds received by him for his principal. 21 R. C. L. 829, 832, 833; 27 Cyc. 849. The defense of the statute of frauds cannot be raised by demurrer. 25 R». C. L. 23 Ark. 594. A contract employing an agent to sell land is not within the statute of frauds. 87 Ark. 221; 83 Ark.…
1Opinion of the CourtHumphries, J.
This is an appeal from the judgment of the Gfarland Circuit Court rendered on the pleadings in the case. The court overruled the demurrer of appellant to the complaint, and sustained appellees’ demurrer to appellant’s answer. Appellant stood upon his answer, and, on his refusing to plead further, the court rendered a judgment against him for $200, which had been received by appellant as part payment on the purchase price for certain laud.
The gist of the complaint is that appellee, owner of the south half of the west half of the southwest quarter of section 12, township 3 south, range 20 west,…
2Cases cited4 opinions
- Forrester-Duncan Land Co. v. EvattSupreme Court of Arkansas · 1909
- Kempner v. GansSupreme Court of Arkansas · 1908
- Vaught v. PaddockSupreme Court of Arkansas · 1911
- Barr v. JohnsonSupreme Court of Arkansas · 1912
3Cited by4 opinions
- Stacey v. TuckerSupreme Court of Kansas · 1927
- Lane v. AlexanderSupreme Court of Arkansas · 1925
- Bennett v. WisdomSupreme Court of Arkansas · 1970
- Williams v. LeeSupreme Court of Arkansas · 1973