Kempner v. Gans
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; STATEMENT BY THE COURT. Gus. M. Gans and Sol Gans owned the land in controversy, which was business property on Second Street in the city of Little Rock, having a frontage of 70 feet and running back 75 feet, containing a two-story building numbered 207, 209 and 211 West Second Street.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; STATEMENT BY THE COURT. Gus. M. Gans and Sol Gans owned the land in controversy, which was business property on Second Street in the city of Little Rock, having a frontage of 70 feet and running back 75 feet, containing a two-story building numbered 207, 209 and 211 West Second Street. They authorized Raleigh & Morris, real estate agents, to sell the same, which was evidenced by the following writing: “RALEIGH & MORRIS. “contract. “I hereby give Raleigh & Morris, real estate agents and dealers, Little Rock, Arkansas, the exclusive…
1Opinion of the Court
Hiuu, C. J.,
(after stating the facts.) “Authority to convey can only be given by deed, while authority to sell may be given by parol.” Clark & Skyles on Agency, § 227; Daniels v. Garner, 71 Ark. 484. A contract for the employment of an agent to find a purchaser of lands is not within the statute of frauds. McCurry v. Hawkins, 83 Ark. 202.
While there is a slight error in the description of the land in the written power to Raleigh & Morris to sell, describing it as 70 x 70 feet instead of 70 x 75 feet, yet authority to sell the property in controversy was indisputably given by parol, and in the…
2Cases cited8 opinions
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- Sturdivant v. McCorleySupreme Court of Arkansas · 1907
- Walker v. DavidSupreme Court of Arkansas · 1901
- McCurry v. HawkinsSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Arkansas Lumber & Contractors' Supply Co. v. BensonSupreme Court of Arkansas · 1909
- Vaught v. PaddockSupreme Court of Arkansas · 1911
- Ray v. RobbenSupreme Court of Arkansas · 1956
- Dallas v. MoseleySupreme Court of Arkansas · 1921
- Jonesboro Investment Corp. v. CherrySupreme Court of Arkansas · 1965
2 more not listed; retrieve them via the Exa API.