Skinner v. Stone
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James 1). Shaver, Chancellor; It is apparent from the testimony that the minds of the parties never met and that there was in reality no contract. 85 Ark. 4. The contract was not in writing and within the statute of frauds. Ib. In no event was appellee entitled to specific performance, as the terms of the contract are not established with exactness nor the clear intent of the parties. 36 Cyc. 589; Pomeroy on Spec.
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Appeal from Clark Chancery Court; James 1). Shaver, Chancellor; It is apparent from the testimony that the minds of the parties never met and that there was in reality no contract. 85 Ark. 4. The contract was not in writing and within the statute of frauds. Ib. In no event was appellee entitled to specific performance, as the terms of the contract are not established with exactness nor the clear intent of the parties. 36 Cyc. 589; Pomeroy on Spec. Perf., par. 159. It is a matter of discretion and not of right. 2 Parsons on Cont. (3 ed.), p. 510. .The letters showed that appellant did not…
1Opinion of the CourtSmith, J.
This is a suit to enforce the specific performance of a contract for the sale of certain lands in Clark County owned by appellant, Lewis Skinner. The suit is based upon the following correspondence:
1 ‘Curdon, Ark., June 3, 1919.
“Mr. Lewis Skinner, Perryville, Ind.
“Dear Sir: I am in the land business here, and will buy either your timber on the east half of the northeast quarter of section 21, township 9 south, range 20 west, Clark County, Arkansas, or I will buy land and timber if you will make me a fair price on it. What do you want for it?
“Very truly yours,
“Will W. Stone.”
“Perryville, Ind.,…
2Cases cited3 opinions
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
- Hirschman v. ForehandSupreme Court of Arkansas · 1914
- Miller v. DarganSupreme Court of Arkansas · 1918
3Cited by18 opinions
- Ray v. WoosterSupreme Court of Missouri · 1954
- Hutton v. HUTTON, ETC.Mississippi Supreme Court · 1960
- McAden v. . CraigSupreme Court of North Carolina · 1943
- Rucker v. SandersSupreme Court of North Carolina · 1921
- McAden v. CraigSupreme Court of North Carolina · 1943
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