French v. Castleberry

George Rose Smith, J.,

This is a suit by the appellant, James H. French, for specific performance of an oral contract by which he was to buy two farms, totaling 554 acres, from the appellees, B. C. Castleberry and his wife. French relies upon part performance to take the contract out of the statute of frauds. Our rule is that both the making of the oral contract and its performance must be proved by clear and convincing evidence. Hudspeth v. Thomas, 214 Ark. 347, 216 S. W. 2d 389. The only question before us is whether the chancellor was right in holding that the proof did not sufficiently…