McClintock v. Thweatt
Supreme Court of Arkansas
Appeal from Prairie Chancery Court. John M. Elliott, Chancellor. The statute of frauds must be specially pleaded. 32 Ark. 116; 19 Ark. 34. Full performance takes the contract out of the statute of frauds. 49 Ark. 507. The constructive trusts are not within the statute of frauds.
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Appeal from Prairie Chancery Court. John M. Elliott, Chancellor. The statute of frauds must be specially pleaded. 32 Ark. 116; 19 Ark. 34. Full performance takes the contract out of the statute of frauds. 49 Ark. 507. The constructive trusts are not within the statute of frauds. Bispham, Eq. § 95. The statute of fraud can not be set up by a party infected with fraud. 19 Ark. 39; Hill, Trustees, 166; .5 Ga. 346; 26 Ark. 351; 41 Ark. 264; 20 Ark. 273; Sand. & H. Dig. § 3481. Partnership agreements with reference to land are exceptions from the statute of frauds. 2 Reid, Stat. of Frauds, § 727;…
1Opinion of the CourtBattle, J.
The plaintiff, J. M. McClintook, instituted this suit against the defendant, J. G. Thweatt, and alleged in his complaint as follows:
“That in the year 1888 he and the defendant entered into a partnership agreement for the purpose of buying and selling certain lands hereinafter described. That the defendant had a land deal on hand in which he offered said lands for $1,000 in cash. That he thought said lands to be worth much more, and was looking about to get some one to furnish him the money. That he spoke to the defendant about the good deal, and stated to him that, if he had the $1,000 cash,…
2Cases cited6 opinions
- Bunnel v. Taintor's administratorSupreme Court of Connecticut · 1823
- Hess v. FoxNew York Supreme Court · 1833
- Trapnall v. HillSupreme Court of Arkansas · 1876
- Gwaltney v. WheelerIndiana Supreme Court · 1866
- Bruce v. HastingsSupreme Court of Vermont · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Thompson v. McKeeSupreme Court of Oklahoma · 1914
- Beebe v. OlentineSupreme Court of Arkansas · 1911
- Sullivan v. WintersSupreme Court of Arkansas · 1909
- O'Bryan v. ZuberSupreme Court of Arkansas · 1925
4 more not listed; retrieve them via the Exa API.