McNeill v. Jones
Supreme Court of Arkansas
Appeal from Clark Circuit Court in Chancery. Hon. Abner A. Stith, Circuit Judge. The contract set forth in the bill was not sufficient to support the decree. It is stated that it was not in writing. No part performance is averred to take it out of the statute of frauds. It is not averred that possession was taken of the land under the contract, nor that such possession was taken with the consent of the owner. 2 Stoj'y's Eq. sec. 763; 18 Ves.
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Appeal from Clark Circuit Court in Chancery. Hon. Abner A. Stith, Circuit Judge. The contract set forth in the bill was not sufficient to support the decree. It is stated that it was not in writing. No part performance is averred to take it out of the statute of frauds. It is not averred that possession was taken of the land under the contract, nor that such possession was taken with the consent of the owner. 2 Stoj'y's Eq. sec. 763; 18 Ves. Jr. 328. There is no proof of any contract, either in writing or parol. No decree for specific performance ean be made where doubts exist as to the terms…
1Opinion of the CourtChief Justice English
On a bill for the specific performance of a verbal contract for the sale of real estate, Jones obtained a decree against McNeill, in the Clark Circuit Court, and the latter appealed to this court.
It must be borne in mind that, by the statute of frauds, verbal contracts for the sale of real estate are void; and that courts of equity, have established the rule of enforcing the specific performance of such contracts in cases, only, wdiere it would be a fraud upon the purchaser to permit the vendor to avail himself of the benefit of the statute. In other words, that the courts of chancery…
2Cited by5 opinions
- Collins v. LackeySupreme Court of Oklahoma · 1912
- Arkadelphia Lumber Co. v. ThorntonSupreme Court of Arkansas · 1907
- Rugen v. VaughanSupreme Court of Arkansas · 1920
- Central Bank v. DowntainSupreme Court of Arkansas · 1924
- Allen v. RedfieldSupreme Court of Oklahoma · 1924