Osborne v. Fairley
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Eastern District; Archer Wheatley, Chancellor; STATEMENT OE EACTS. On June 30, 1916, the appellant and the appellee entered into a contract, by which the appellant agreed to sell to the appellee a certain tract of land in Craighead County, Arkansas.
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Appeal from Craighead Chancery Court, Eastern District; Archer Wheatley, Chancellor; STATEMENT OE EACTS. On June 30, 1916, the appellant and the appellee entered into a contract, by which the appellant agreed to sell to the appellee a certain tract of land in Craighead County, Arkansas. After .reciting the agreement between appellant, as party of the first part, and appellee, as party of the second part, and describing the land, the contract further provides: “The consideration of said sale being the sum of twelve hundred and no-hundredth dollars; paid as follows : A one-hundred-dollar check…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The appellant alleges in his answer that the minds of the parties to the contract did not meet upon the points of the contract, and that “he did not enter into or sign the contract understandingly,” and did not understand the legal meaning of the words “warranty deed” nor of the words “abstract of title to be approved by the attorney of the party of the second part. ’ ’
The appellant does not allege and prove that any fraud was practiced upon him by the appellee in the execution of the contract. If it be conceded that appellant did not understand the meaning…
2Cases cited8 opinions
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Frazer v. State BankSupreme Court of Arkansas · 1911
- St. L., I. M. & S. Railway Co. v. BeidlerSupreme Court of Arkansas · 1885
- Ashcraft v. TuckerSupreme Court of Arkansas · 1918
- Hirschman v. ForehandSupreme Court of Arkansas · 1914
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3Cited by6 opinions
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- Gowen v. SullinsSupreme Court of Arkansas · 1948
- Fisher v. MillerSupreme Court of Florida · 1926
- Najarian v. BoyajianSupreme Court of Rhode Island · 1927
- Garner v. HorneSupreme Court of Arkansas · 1952
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