Sullivan v. Winters
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; 1. Contracts for the sale of lands or any interest in or concerning are void under the statute of frauds. Kirby’s Digest, § 3654, clause 4; Browne on Stat. Frauds, § § 385-7; 21 Ark. 533; 16 Id. 364; 76 Id. 237; 45 Id. 17; 70 Id. 351, etc. 2. The contract was not to be performed within a year, and was void. Ih. § 3654, clause 6; 46 Ark. 80; 1 McArthur (D. C.) 485; 47 Am.
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Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; 1. Contracts for the sale of lands or any interest in or concerning are void under the statute of frauds. Kirby’s Digest, § 3654, clause 4; Browne on Stat. Frauds, § § 385-7; 21 Ark. 533; 16 Id. 364; 76 Id. 237; 45 Id. 17; 70 Id. 351, etc. 2. The contract was not to be performed within a year, and was void. Ih. § 3654, clause 6; 46 Ark. 80; 1 McArthur (D. C.) 485; 47 Am. Dec. 320;. 1 Hilton (N. Y.) 305. 3. The evidence does not sustain the chancellor's finding of facts. 1. This was simply a contract to share in the profits…
1Opinion of the CourtMcCutaoch, C. J.
About forty years ago the plaintiff, Howell Winters, discovered, or thought he discovered, a valuable lead of zinc ore on a tract of land in Sharp County, Arkansas, containing 320 acres, then owned by a man named Street. He promised Street to say nothing about it and, keeping 'the secret, he afterwards removed from that locality. Street sold the land, and afterwards died, and the land finally became by purchase the property of the defendant Sullivan.
Sometime in the year 1903, while the plaintiff was living in Polk County, Arkansas, he called to mind his former discovery, and decided to take…
2Cases cited7 opinions
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- Hess v. FoxNew York Supreme Court · 1833
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- McClintock v. ThweattSupreme Court of Arkansas · 1903
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