Adams v. Rhodes
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; 1. Courts of equity will not interfere to decree specific performance except where it would be strictly inequitable to make such a decree. 12 Ark. 421, 551. It is a matter of discretion for the court. 21 Ark. 116; 30 Id. 547; 34 Id. 663, 676. 2. Time was of the essence of the contract, and appellee had notice that the deed was in the bank and that she could get it by paying the $650' in…
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Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; 1. Courts of equity will not interfere to decree specific performance except where it would be strictly inequitable to make such a decree. 12 Ark. 421, 551. It is a matter of discretion for the court. 21 Ark. 116; 30 Id. 547; 34 Id. 663, 676. 2. Time was of the essence of the contract, and appellee had notice that the deed was in the bank and that she could get it by paying the $650' in cash. 72 Ark. 359. If she wanted time to examine the title she should have contracted for it. 45 S. W. 275; 21 Id. 970. This…
1Opinion of the CourtSmith, J.
This is a suit by appellee for specific performance of a contract for the sale of certain lots in ■the city of Stuttgart, which appellee claims were sold to her by appellant John B. Adams prior to a sale by said John ,'B. Adams to G. W. Adams, it being alleged that G. W. Adams was not an innocent purchaser.
At the time of the sale to appellee J. B. Adams, the owner, lived in Centralia, Illinois, but he had formerly lived in Stuttgart, and the correspondence between him and appellee shows their families to have been rather intimate friends. The negotiations, culminating in the sale, were…
2Cases cited1 opinion
- Fox v. HuttonSupreme Court of Arkansas · 1920
3Cited by4 opinions
- Valley Planing Mill Company v. Lena Lumber Co.Supreme Court of Arkansas · 1925
- United States v. StottCourt of Appeals for the Eighth Circuit · 1944
- Blanton v. Jonesboro Building & Loan Ass'nSupreme Court of Arkansas · 1928
- Heflin v. BrackelsbergCourt of Appeals of Arkansas · 2010