Legal Opinion

Wilson v. Spry

Supreme Court of Arkansas

Decided July 5, 1920PublishedCited by 4 opinions

Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. The offer to sell such as the memorandum of-understanding here was based on no consideration and not binding- upon either party until the offer was accepted. Until acceptance the offerer has the right to change or withdraw the offer. 6 R. C. L. 603; 32 Atl. 1120: The money expended by Spry in the examination of the land was not a sufficient consideration as it was no benefit to Wilson.

Read the full summary

Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; 1. The offer to sell such as the memorandum of-understanding here was based on no consideration and not binding- upon either party until the offer was accepted. Until acceptance the offerer has the right to change or withdraw the offer. 6 R. C. L. 603; 32 Atl. 1120: The money expended by Spry in the examination of the land was not a sufficient consideration as it was no benefit to Wilson. James on Options, § 313; 110 N. Y. S. 176; 146 N. W. 418, 420 ; 41 So. Rep. 374; 73 Ga. 570; 5 Cal. 302; 19 A. S. R. 205; 68 Md. 21. If -the…

1Opinion of the CourtWood, J.

This action was brought by the appellee against the appellants to enforce specific performance of a contract of which the following is the memorandum:

“Memo, oe Understanding.”
“Between Mr. Spry and Mr. Wilson re approximately 10,000 Rieres in Arkansas owned by Mr. Wilscm/ but in the name of Trust & Guarantee Company, Limited; and described in annexed list.

‘ ‘ Mr. Spry to put estimators on at once and complete / examination. ¡

“Within forty-five days from today Mr. Spry shall decide whether he wants right to buy, and Mr. Wilson is not to sell in meantime to another.
“Within that forty-five days…

2Cases cited10 opinions

  1. McDonough v. WilliamsSupreme Court of Arkansas · 1905
  2. Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
  3. Kempner v. CohnSupreme Court of Arkansas · 1886
  4. Lee v. Vaughan's Seed StoreSupreme Court of Arkansas · 1911
  5. Mann v. UrquhartSupreme Court of Arkansas · 1909

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Small v. PaulsonOregon Supreme Court · 1949
  2. Wiener v. Farm Credit Bank of St. LouisDistrict Court, E.D. Arkansas · 1991
  3. Standridge v. RiceSupreme Court of Arkansas · 1948
  4. Wood, Administrator v. ConnerSupreme Court of Arkansas · 1943

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API