Legal Opinion

Fielder v. Warner

Supreme Court of Arkansas

Decided March 10, 1906PublishedCited by 2 opinions

Appeal from Craighead Chancery Court, Western District; Edward D. Robertson, Chancellor; STATEMENT BY TI-IE COURT. This is a suit to enforce the specific performance of an oral agreement to convey an interest in real estate. Appellant alleges that in the year 1881 he entered into an agreement with appellee, whereby appellant undertook to clear 160 acres of land in north half of section 25, and put the same in cultivation.

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Appeal from Craighead Chancery Court, Western District; Edward D. Robertson, Chancellor; STATEMENT BY TI-IE COURT. This is a suit to enforce the specific performance of an oral agreement to convey an interest in real estate. Appellant alleges that in the year 1881 he entered into an agreement with appellee, whereby appellant undertook to clear 160 acres of land in north half of section 25, and put the same in cultivation. In consideration of the performance of the agreement by appellant, appellee agreed to convey to appellant one-half of the land cleared by him and an equal number of acres of…

1Opinion of the Court

Wood, J.,

(after stating the facts.) A court of equity can not make a contract for parties and then decree its specific performance, in order to carry out its notions of what the abstract justice and right of the case as disclosed by the proof demands. The court will only decree specific performance when the contract itself is clearly established by a preponderance of the evidence. We said in Moore v. Gordon, 44 Ark. 334, speaking of the contract: “Its terms must be definitely shown, * * * fairly made out, by decided preponderance, in a manner to be satisfactory to the chancellor, not only…

2Cases cited1 opinion

  1. Moore v. GordonSupreme Court of Arkansas · 1884

3Cited by2 opinions

  1. Young v. CrawfordSupreme Court of Arkansas · 1907
  2. Phillips v. JonesSupreme Court of Arkansas · 1912

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