Reichardt v. Howe
Supreme Court of Arkansas
Appeal from Saline Chancery Court; Alphonso Curl, Chancellor; 1. A 3-year lease of land and sale of the growing timber thereon is required to be in writing by the statute of frauds. Kirby's Dig., § 3654; 28 Am. & Eng. Enc.
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Appeal from Saline Chancery Court; Alphonso Curl, Chancellor; 1. A 3-year lease of land and sale of the growing timber thereon is required to be in writing by the statute of frauds. Kirby's Dig., § 3654; 28 Am. & Eng. Enc. Daw (2 Ed.), 540; 69 Ark. 442; 75 Id. 336. The writing is void, as there is no description of the lands. 16 Ark. 340-6'; 21 Id. 533; 45 Ark. 17; 49 Id. 306. Part performance does not take out of the statute a contract not to be performed within a year. 48 Ark. 485. It can only be good for one year. 36 Ark. 518-522. Appellee must prove a valid agreement, and -the statute of…
1Opinion of the CourtMcCulloch, C. J.
The heirs of Nick Kupferle, deceased, owned a tract of land in Saline Coitnty containing 120 acres, and appellant Reichardt had possession and control of it as their agent. Reichardt as such agent entered into the following written contract with appellee Howe:
“Little Rock, Ark., Jan. 18, 1908.
"contract For three years’ lease.
“Party of the first part, Louis Reichardt, agent for the Nick Kupferle estate, and C. W. Howe, party of the second part, hereby agree to fence the following land, to-wit, * * * * with a four-foot barb and woven wire fence, and build thereon a four-room box and ceiled…
2Cases cited3 opinions
- Phillips v. JonesSupreme Court of Arkansas · 1906
- Brockway v. ThomasSupreme Court of Arkansas · 1880
- Pledger v. GarrisonSupreme Court of Arkansas · 1883
3Cited by4 opinions
- Phillips v. GrubbsSupreme Court of Arkansas · 1914
- School District No. 36 v. GladishSupreme Court of Arkansas · 1914
- Dunn v. Turner Hardware Co.Supreme Court of Arkansas · 1924
- Conway v. CourseySupreme Court of Arkansas · 1913