Polack v. Steinke
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Z. T. Wood, Chancellor; STATEMENT BY THE COURT. This action grew out of an exchange of Missouri lands for lands situated in Drew County, Arkansas, the trade having been promoted, the negotiations made, and the exchange agreed upon, in Nebraska.
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Appeal from Drew Chancery Court; Z. T. Wood, Chancellor; STATEMENT BY THE COURT. This action grew out of an exchange of Missouri lands for lands situated in Drew County, Arkansas, the trade having been promoted, the negotiations made, and the exchange agreed upon, in Nebraska. By its terms appellants were to convey 1900 acres of land in Drew County, Arkansas, and to pay appellee $1000 in cash and give him their note for $1500, due in 90 d.ays, in exchange for 786 acres of land in Missouri, assuming the indebtedness upon said land, and to pay $500 commission to the broker who arranged the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is first objected that the chancery court was without jurisdiction of this cause, it being contended that it is but a suit for breach of warranty as to quantity of land, and that appellants have an adequate remedy at law.
It is not necessary to decide whether the complaint states a cause of action for equitable relief; for, if it be conceded that it does not, the cross complaint stated a cause of action clearly congizable in a court of equity, and supplied any defect of jurisdiction, and placed the court in possession of the case with right to grant…
2Cases cited14 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Cooley v. GoldenSupreme Court of Missouri · 1893
- Benson v. MorrowSupreme Court of Missouri · 1875
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cooper v. Cherokee Village Development Co.Supreme Court of Arkansas · 1963
- State v. JohnsonSupreme Court of North Carolina · 1971
- DuFresne v. PaulSupreme Court of Arkansas · 1920
- Harbottle v. Central Coal & Coke Co.Supreme Court of Arkansas · 1918
- Morris v. CobbSupreme Court of Arkansas · 1921
3 more not listed; retrieve them via the Exa API.