Legal Opinion

Johnson v. Craig

Supreme Court of Arkansas

Decided October 15, 1860PublishedCited by 5 opinions

Appeal from Phillips Circuit Court in Chancery. Hon. George W. Beazley, Circuit Judge. The memorandum in pencil is sufficient evidence of the contract of sale: and by it the sale is taken out of the statute of frauds: it is no objection that it was in pencil, any note or memorandum of the contract being sufficient.

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Appeal from Phillips Circuit Court in Chancery. Hon. George W. Beazley, Circuit Judge. The memorandum in pencil is sufficient evidence of the contract of sale: and by it the sale is taken out of the statute of frauds: it is no objection that it was in pencil, any note or memorandum of the contract being sufficient. Glason vs. Bailey, 14 John. 49. The endorsement upon the authority to sell makes it a complete contract, showing the vendor, the vendee, the particular lands sold, the price, and the terms of payment, and is sufficient under the statute. Owen vs. Thomas, 3 My. &r K. 353; Blagden…

1Opinion of the CourtJustice Fairchild

On the 6th of May, 1856, John A. Craig executed the following writing:

“ David Suggett is my authorized agent to sell the following described lands, to-wit:

The south-east quarter of section 4, 160 acres.

“ west, half of east half 9...... 160 “
“ north half of section 15...... 320 “
“ north half of section 16...... 320 “
“ south-west qr. of said section 16, 160 “

and east half of section 17........ 320 “

Making in the aggregate........ 1440 acres

at twelve (12) dollars per acre in four equal annual payments, first payment to be due and paid on the first day of May, A. D. 1857 — balance in one, two and…

2Cited by5 opinions

  1. Ensminger v. PetersonWest Virginia Supreme Court · 1903
  2. Harris v. DacusSupreme Court of Arkansas · 1946
  3. Kirkpatrick v. PettisSupreme Court of Iowa · 1905
  4. Bowden v. WilsonSupreme Court of Arkansas · 1949
  5. Phillips v. JonesSupreme Court of Arkansas · 1906

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