St. L., I. M. & S. Railway Co. v. Beidler
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. The blank contract was no contract, and as far as that instrument is concerned is of no avail to take this case out of the Statute of Frauds. That as to the receipt first above referred to, it can be of no avail here.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. The blank contract was no contract, and as far as that instrument is concerned is of no avail to take this case out of the Statute of Frauds. That as to the receipt first above referred to, it can be of no avail here. Although purporting to be for purchase money-made upon land, it makes no mention of any land of any kind, or description or location, but contents itself by referring to certain land “as expressed in the contract number 2,4/14”, and when we come to refer to that contract we find it is the blank form above…
1Opinion of the CourtSmith, J.
The Railway Company sued Beidler in ejectment for eighty acres of land. He claimed to have bought of the Company fifty-three 75-100 acres, parcel of the tract described in the complaint, paying one-fourth in cash and giving his notes for the deferred payments. He made his answer a cross-bill, tendered the residue of the purchase money and demanded a specific performance of the agreement. The cause was transferred to equity and for defenses the Company set up the Statute of Frauds and insisted that the contract upon which Beidler relied was obtained by means of false and fraudulent…
2Cases cited4 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Barry v. CoombeSupreme Court of the United States · 1828
- Raubitschek v. . BlankNew York Court of Appeals · 1880
- Bybee v. HagemanIllinois Supreme Court · 1873
3Cited by18 opinions
- Searles v. GonzalezCalifornia Supreme Court · 1923
- Carter v. Prairie Oil & Gas Co.Supreme Court of Oklahoma · 1915
- Dexter v. OhlanderSupreme Court of Alabama · 1889
- Belding v. VaughanSupreme Court of Arkansas · 1913
- Jenkins v. EllisSupreme Court of Arkansas · 1914
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