Harper v. Albright

Paul Ward, Associate Justice.

This litigation arose over the sale of land under an oral contract. Appellant, the seller, sought to avoid the sale- on the ground that it was within the statute of frauds. The trial court held it was taken out of said statute by part performance, and appellant appeals from that decision.

On December 11, 1955 Odis N. Harper, appellant, and Carl Albright, appellee, entered into an oral agreement for the sale of 81.55 acres of land in Chicot County for a consideration of $3,000, $100 of which amount was paid at the time. The understanding was that ap-pellee, the…