Stanford v. Sager
Supreme Court of Arkansas
Appeal from Drew Chancery Court; J. 8. Harris, Special Chancellor; 1. The check for $500 from Stanford to Ross and the written correspondence constitute the written contract and the court erred in not decreeing specific performance, as there was part performance of the contract which took the case out of the statute of frauds.
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Appeal from Drew Chancery Court; J. 8. Harris, Special Chancellor; 1. The check for $500 from Stanford to Ross and the written correspondence constitute the written contract and the court erred in not decreeing specific performance, as there was part performance of the contract which took the case out of the statute of frauds. It is undisputed that Sager placed the lands in the hands of Ross authorizing him to sell for $40 an acre net; that the authority of Ross as Sager’s agent was valid and binding, and Sager was notified that $500 cash, earnest money, had been paid and $2,000 was placed in…
1Opinion of the CourtWood, J.
George Sager, who resided in Illinois, owned a tract of land in Drew County, Arkansas, consisting of 164% acres. Sager by letters duly authorized W. C. Eoss, a real estate dealer, to sell this land at the net price of $40 per acre.
In one of the letters, of date February 10, 1918, to Eoss he said in part: “I will make terms one-half cash, the balance one and two years and would make it three before missing a sale with 8 per cent, interest. I have a man on the place and I have promised him the place for this year not signed up yet. * * * For description and number of section, see E. G. Hammock,…
2Cases cited5 opinions
- Wynn v. GarlandSupreme Court of Arkansas · 1857
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
- Trapnall's adx. v. BrownSupreme Court of Arkansas · 1857
- Ashcraft v. TuckerSupreme Court of Arkansas · 1918
- Izard v. Connecticut Fire InsuranceSupreme Court of Arkansas · 1917
3Cited by15 opinions
- Moore v. ExelbySupreme Court of Arkansas · 1926
- Cook v. CaveSupreme Court of Arkansas · 1924
- Sorrells v. Bailey Cattle Co.Court of Appeals of Arkansas · 1980
- Sossamon v. DavisCourt of Appeals of Arkansas · 1980
- O'Bryan v. ZuberSupreme Court of Arkansas · 1925
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