Hutton v. Moore
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hon. John E. Bennett, Circuit Judge. All that is essential to the sale of a chattel at common law, is the agreement of the parties, that the property, in the subject matter, should pass from the vendor to the vendee. 1 Parsons on contracts, 519; 5th edition.
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Appeal from Phillips Circuit Court. Hon. John E. Bennett, Circuit Judge. All that is essential to the sale of a chattel at common law, is the agreement of the parties, that the property, in the subject matter, should pass from the vendor to the vendee. 1 Parsons on contracts, 519; 5th edition. Where the terms of the contract expressly postpone delivery,, or payment, or both, to a future day, here also the sale is valid, and no legal presumption obstructs the intention of the parties, and the property, in the chattel sold, passes immediately. In this case no earnest is necessary to bind the…
1Opinion of the CourtGregg, J.
On the second day of April, 1866, the appellees filed their hill, in equity, in the Phillips circuit court, against the executor, widow and heirs of Isaac M. B.ogan, deceased, and John S. Horner and Edward D. Ragland.
They charged in the bill that, on the 14th of May, 1859, James T. Moore owned in fee the northwest quarter of section twenty-seven, in township one south, of range four east; and that, for the sum of twenty dollars per acre, he then sold the same to Isaac M. Bogan, and took his three notes therefor, each for the sum of $1,086 66|-, due respectively on the first of January, 1860,…
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