Hollabaugh v. Taylor
Supreme Court of Arkansas
Appeal from Searcy Chancery Court; Ben F. McMahan, Chancellor; 1. The check, deed and abstract of title took the transaction out of the statute of frauds. Each party had the right to specific performance the same as if the contract of sale had been in writing. 10 R. C. L. 629, § 11; 1 Devlin on Deeds, 549, 552, § 328 (3 ed.); 18 L. R. A. (N. S.) 337; 21 S. W. 538; 81 Am.
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Appeal from Searcy Chancery Court; Ben F. McMahan, Chancellor; 1. The check, deed and abstract of title took the transaction out of the statute of frauds. Each party had the right to specific performance the same as if the contract of sale had been in writing. 10 R. C. L. 629, § 11; 1 Devlin on Deeds, 549, 552, § 328 (3 ed.); 18 L. R. A. (N. S.) 337; 21 S. W. 538; 81 Am. St. 201; 43 L. R. A. (N. S.) 390; 30 Ark 61; 102 Id. 377. 2. The abstract was delivered in time. 3 Devlin on Deeds, § 1541. 3. The abstract shows that appellant had a marketable title. The deeds to McCasland were, void and no…
1Opinion of the Court
SMITH, J.,
(after stating tbe facts). (1) It is contended tbat a suit for tbe specific performance of the contract- can not be maintained for tbe reason tbat tbe contract was not reduced to writing. But it sufficiently answers this objection to say tbat a check for the purchase money was given, an abstract of title was furnished and a deed executed and placed in escrow. This action took tbe case out of tbe operation of tbe statute of frauds. Barr v. Johnson, 102 Ark. 377; Moore, Keppel & Co. v. Ward, 76 S. E. 807, 43 L. R. A. (N. S.) 390; Lewis v. Brother, 21 S. W. 538; Manning v. Foster, 49…
2Cases cited4 opinions
- Moore, Keppel & Co. v. WardWest Virginia Supreme Court · 1912
- Chatfield v. JarrattSupreme Court of Arkansas · 1913
- Manning v. FosterWashington Supreme Court · 1908
- Barr v. JohnsonSupreme Court of Arkansas · 1912
3Cited by6 opinions
- McConnell v. BourlandSupreme Court of Arkansas · 1927
- Eason v. WalterSupreme Court of Oklahoma · 1926
- Parker v. ParkerSupreme Court of Arkansas · 1957
- Arkansas Power Light Company v. GanttSupreme Court of Arkansas · 1940
- Leahy v. RichardsonSupreme Court of Arkansas · 1922
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