Legal Opinion

Barrett v. Durbin

Supreme Court of Arkansas

Decided January 27, 1913PublishedCited by 8 opinions

Appeal from Clay Chancery Court, Eastern District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellants against appellee Durbin, for specific performance of an alleged contract for the sale of certain land in Clay County. The complaint alleged that Durbin entered into an oral contract with Chas.

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Appeal from Clay Chancery Court, Eastern District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellants against appellee Durbin, for specific performance of an alleged contract for the sale of certain land in Clay County. The complaint alleged that Durbin entered into an oral contract with Chas. H. Bell, the husband and ancestor of the appellants, to sell and convey to the said Bell, the land in controversy for the sum of $275, to be paid from time to time; that under said contract the said Bell entered into possession of said land and made some…

1Opinion of the CourtWood, J.

(after stating the facts). That there was a contract for the sale of the land from Durbin to Bell, as alleged in the complaint, is conclusively shown by certain letters of Durbin introduced in evidence. These letters acknowledge the sale of the land to Bell and asked for payments on the land. It could serve no useful purpose to set them out in detail. These letters, taken in connection with the other evidence establishing the fact that Chas. EL Bell, after the alleged contract, remained in possession of the land during Ms lifetime, and that for six or seven years after Ms death Ms widow and…

2Cases cited1 opinion

  1. Friar v. BaldridgeSupreme Court of Arkansas · 1909

3Cited by8 opinions

  1. Walls v. HumphriesSupreme Court of Arkansas · 2013
  2. Thackeray v. KnightUtah Supreme Court · 1920
  3. McHaney v. McHaneySupreme Court of Arkansas · 1945
  4. Poskey v. BradleySupreme Court of Arkansas · 1945
  5. Briggs v. FrazerSupreme Court of Arkansas · 1923

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