Beller v. Block
Supreme Court of Arkansas
Appeal f rom Hempstead Circuit Court. Hon. Thomas Hubbard, Circuit Judge. The sale was not binding on Beller, because within the statute of frauds. Sec. 2, chap. 73, Digest. There was no earnest, delivery or membrandum in writing. The sale was illegal, and no valid contract can arise out of it. The statute, Dig., p. 95, prohibits any one except a licensed auctioneer from selling at auction.
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Appeal f rom Hempstead Circuit Court. Hon. Thomas Hubbard, Circuit Judge. The sale was not binding on Beller, because within the statute of frauds. Sec. 2, chap. 73, Digest. There was no earnest, delivery or membrandum in writing. The sale was illegal, and no valid contract can arise out of it. The statute, Dig., p. 95, prohibits any one except a licensed auctioneer from selling at auction. If the sale was at public auction there must be a memorandum in writing to charge defendant. 3 McCord 458; 1 Mc-Mullen S. C. 453; 1 Greenl. Ev., sec. 269, p. 350, 351; 8 Texas 78; 2 Gilman 614; Morton vs.…
1Opinion of the CourtChief Justice English
On the 15th of May, 1854, Abram Block commenced a suit against Allen T. Beller, before a justice of the peace of Hemp-stead county, on an account stated, as follows:
“ A. T. Beller,
To A. Block, Dr.
1853. For 1 Ox Wagon, bo’t at public auction at sale of S. L. Slack, Sept. 14, 1853.$37 00”
On the trial in the Circuit Court, upon an appeal from the judgment of the justice, in favor of Block, the following evidence was introduced:
Hezekiah W. Smith, witness for plaintiff. — Was at a sale of S. L. Slack’s property, in Washington, made in 1853. The defendant, Beller, and a good many other persons,…
2Cited by1 opinion
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