Pembroke v. Logan
Supreme Court of Arkansas
Appeal, from Chicot Chancery Court. Marcus L. Hawkins, Chancellor. There had been a sufficient part performance to take the case out of the statute of frauds. 40 Ark. 391; 55 Ark. 583; 1 Ark. 391; 9 Pa. St. 79. The memorandum was sufficient, under the statute of frauds. 9 U..S. 142; 66 Cal. 69; 3 G. Gr. (Ia.) 430; 13 Mass. 87; 165 Mass. 328; 11 N. J. Eq. 349; 2 Phill. Ev. 96, 182; 131 Pa.
Read the full summary
Appeal, from Chicot Chancery Court. Marcus L. Hawkins, Chancellor. There had been a sufficient part performance to take the case out of the statute of frauds. 40 Ark. 391; 55 Ark. 583; 1 Ark. 391; 9 Pa. St. 79. The memorandum was sufficient, under the statute of frauds. 9 U..S. 142; 66 Cal. 69; 3 G. Gr. (Ia.) 430; 13 Mass. 87; 165 Mass. 328; 11 N. J. Eq. 349; 2 Phill. Ev. 96, 182; 131 Pa. St. 230; 12 Pet. 161. The statute of frauds must be pleaded, to be available as a defense. 1 Ark. 391; 10 Ala. 444; 32 Ark. 97; 85 Ala. 53; 15 Ark. 322; 6 Cal. 149; 5 111. 146; 6 111. 193; 7 111. 684; 69…
1Opinion of the CourtHughes, J.
The appellee sued the appellant in-1892 for the rent for' 1896, 1897 and 1898 of one-half interest in an acre of land and a store house, which had been owned in common by appellee and appellant, Ed Pembroke, as partners in the mercantile business, and in the same complaint in equity asked that a conveyance which Ed Pembroke had made of the property to his wife be cancelled and set aside as fraudulent as against him. Ed Pembroke filed an answer and cross-complaint, in which he denied that he owed anything for the rent of the store and lot, and alleged that in 1886 he bought by verbal agreement…
2Cited by6 opinions
- Hill v. ImbodenSupreme Court of Arkansas · 1920
- Cotton v. Mutual Aid UnionSupreme Court of Arkansas · 1918
- Ward v. BlytheSupreme Court of Arkansas · 1909
- West v. BurksSupreme Court of Arkansas · 1909
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.