Phillips v. Jones
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Where the purchaser of lands under a parol agreement has been put in possession, under a part performance of contract, it need not be in writing. Receipt of purchase money in part performance takes the case out of the statute of frauds. 19 Ark. 23; lb. 48; Tiedeman on Eq.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Where the purchaser of lands under a parol agreement has been put in possession, under a part performance of contract, it need not be in writing. Receipt of purchase money in part performance takes the case out of the statute of frauds. 19 Ark. 23; lb. 48; Tiedeman on Eq. Jur. § 296, and authorities cited; lb. § 309. Letters, indorsements, receipts, verbal acknowledgments and admissions are sufficient to take the case out of the statute of frauds. 3 Graft. 339; 43 Pa. St. 170; 1 John. Ch. 131; 34 N. Y. 312; Washburn, Real…
1Dissent
Battle, J.,
(dissenting.) Section 3654 of Kirby’s Digest provides, in part, as follows: “No action shall be brought * * * to charge any person upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them, * * * unless the agreement, promise or contract upon which such action shall be brought, or some memorandum or note thereof, shall be made in writing, and signed by the party to be charged therewith, or signed by some other person by him thereunto properly authorized.” Courts of equity will, however, enforce a specific performance of a contract…
2Cases cited17 opinions
- Johnston v. GlancyIndiana Supreme Court · 1835
- Ducie v. FordSupreme Court of the United States · 1891
- Emmel v. HayesSupreme Court of Missouri · 1890
- Moore v. GordonSupreme Court of Arkansas · 1884
- Green v. GrovesIndiana Supreme Court · 1887
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