Feibelman v. Hill
Supreme Court of Arkansas
Appeal from Cbicot Chancery Court; E. O. Hammock, Chancellor; 1. The court erred in decreeing performance of acts not provided for by the instrument sought to be enforced. 2. The finding as to the inchoate dower right of the wife is without evidence to support it and arbitrary and unjust. 3. The facts do not justify the decree in enforcing specific performance, as nothing had been paid on the contract, and the evidence clearly establishes a rescission of the contract.
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Appeal from Cbicot Chancery Court; E. O. Hammock, Chancellor; 1. The court erred in decreeing performance of acts not provided for by the instrument sought to be enforced. 2. The finding as to the inchoate dower right of the wife is without evidence to support it and arbitrary and unjust. 3. The facts do not justify the decree in enforcing specific performance, as nothing had been paid on the contract, and the evidence clearly establishes a rescission of the contract. Appellant under the proof has the greater equities, while appellee has enjoyed the benefits while appellant has sustained the…
1Opinion of the Court
McCulloch;, C. J.
This is an action instituted by appellee in the chancery court of Chicot County against appellant to compel specific performance of a contract entered into by these parties for the sale by appellant to appellee of a tract of land in that county containing eighty acres. There was a written contract dated July 21,1913, whereby appellant agreed to sell the land in controversy to appellee for the price of $1,000, payable in five equal annual installments, due December 1.1914. and thereafter, with interest at the rate of ten per centum per annum from date until paid, and agreed to…
2Cases cited3 opinions
- Turpin v. BeachSupreme Court of Arkansas · 1909
- Atkins v. RisonSupreme Court of Arkansas · 1867
- Butler v. ColsonSupreme Court of Arkansas · 1911
3Cited by4 opinions
- White v. PageSupreme Court of Arkansas · 1950
- Ashworth v. HankinsSupreme Court of Arkansas · 1964
- Wheeler v. WendletonSupreme Court of Arkansas · 1946
- Gilstrap v. StahlSupreme Court of Arkansas · 1921