Duncan v. Clements
Supreme Court of Arkansas
Writ of Error to Clark Circuit Court. Hon. Thomas Hcjbbaed, Circuit Judge. The only point in this case is, whether the demurrer should have been sustained to the amended plea.
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Writ of Error to Clark Circuit Court. Hon. Thomas Hcjbbaed, Circuit Judge. The only point in this case is, whether the demurrer should have been sustained to the amended plea. The question is decided, that the plea is good, by this court, in Smith vs. Henry, 2 ling. 207. Where a party pleads a contract required by the statute of frauds to be in writing, the presumption is that it is so, and the party is bound so to plead it and make profert. 1 Ch. PI. 566, 254-, 332/ and the omission of profert is cause of demurrer. Sec. 66, ch. 126, Rev. St at.; 1 Ch. PI. 464, 465; 3 Arle. 339, 478, 592; 6…
1Opinion of the CourtJustice Scott
This was an action of assumpsit upon a promissory note. The defendants pleaded in an amended plea, “that the said promissory note in writing, was giveu in consideration of the purchase by the defendant of a tract of land described, which was the property of the said Josephine, then Josephine Buckner: and he avers, that by agreement, a deed was to be made upon the payment of the said promissory note; and he avers that the.said Josephine, while single, did not, nor has she and the said Robert, since their marriage, made or offered to make deed for said land to this defendant, and this he is…
2Cited by3 opinions
- Norton v. HindsleySupreme Court of Arkansas · 1969
- McDermott v. CableSupreme Court of Arkansas · 1861
- Allen v. Bank of Eureka SpringsSupreme Court of Arkansas · 1929