Branch v. Moore
Supreme Court of Arkansas
Appeal from Howard Circuit Court; W. V. Tompkins, Special Judge; 1. A married man can not contract with a broker to sell his homestead unless his wife joins in the contract. Kirby’s Digest, § 3901; 60 Ark. 269. Appellee will be held to have contracted with reference to the law existing at the time of the contract. 95 S. W. 481; 73 Ark. 470; 75 Ark. 435; 76 Ark. 410; 80 Ark. 108; 177 U. S. 28; 83 ü.
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Appeal from Howard Circuit Court; W. V. Tompkins, Special Judge; 1. A married man can not contract with a broker to sell his homestead unless his wife joins in the contract. Kirby’s Digest, § 3901; 60 Ark. 269. Appellee will be held to have contracted with reference to the law existing at the time of the contract. 95 S. W. 481; 73 Ark. 470; 75 Ark. 435; 76 Ark. 410; 80 Ark. 108; 177 U. S. 28; 83 ü. S. 310, The contract to sell being void under the law, no rights could arise thereunder in favor of appellee. 49 Kan. 777; 66 la. 666; 42 la. 296; 55 Minn. 244; 108 N. W. 544. 2. The authority…
1Opinion of the CourtBattle, J.
J. H. Moore brought this action against M. Branch to recover compensation alleged to be due him on account of a sale of land made by him for the defendant, who answers and alleges that plaintiff’s authority to sell the land was revoked by him before the sale, and that the plaintiff was not entitled to any compensation. The facts in the case, as shown by the evidence adduced in the trial, are substantially as follows: “The defendant owned a farm in Howard County, in this State, which constituted his homestead, and placed it in the hands of plaintiff, a real estate agent, for sale, agreeing to…
2Cases cited4 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Scott v. Patterson & ParkerSupreme Court of Arkansas · 1890
- Blumenthal v. GoodallCalifornia Supreme Court · 1891
- Hunton v. MarshallSupreme Court of Arkansas · 1905
3Cited by20 opinions
- Reynolds v. AshabrannerSupreme Court of Arkansas · 1949
- Olson v. PenkertSupreme Court of Minnesota · 1958
- Stiewel v. LallySupreme Court of Arkansas · 1909
- Feeley v. MullikinWashington Supreme Court · 1954
- Boqua v. MarshallSupreme Court of Arkansas · 1908
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