Arkadelphia Lumber Co. v. Thornton
Supreme Court of Arkansas
Appeal from Dallas Chancery Court; Bmon O. Mahony, Chancellor; STATEMENT BY THE COURT. ■ This suit was brought by the Arkadelphia Lumber Company against John W. Mann in the Dallas Circuit Court to replevy a lot of staves.
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Appeal from Dallas Chancery Court; Bmon O. Mahony, Chancellor; STATEMENT BY THE COURT. ■ This suit was brought by the Arkadelphia Lumber Company against John W. Mann in the Dallas Circuit Court to replevy a lot of staves. Mann answered, denying the allegation of the affidavit for replevin, and made his answer a cross bill, alleging that W. B. Head, being the owner of the land on which the staves were made prior to the making of the same, sold and delivered said land to him. for the agreed price of $300, and placed him in possession of same, and then and there agreed to make him a deed upon…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appellants stress two propositions for reversal:
1. That fraudulent representations of Mann as to the timber on the land will defeat specific performance.
2. The .statute of frauds.
1. We do not find any fraudulent representations made by Mann that would warrant a court of equity in refusing him the specific -performance of his contract for the sale of the land in controversy. It is not specifically alleged that Mann made fraudulent representations to W. Burres Head in person. The charge is that said negotiations for said purchase between Mann and this…
2Cases cited10 opinions
- Moore v. GordonSupreme Court of Arkansas · 1884
- Renwick v. BancroftSupreme Court of Iowa · 1881
- Neely v. RembertSupreme Court of Arkansas · 1902
- Pindall v. TrevorSupreme Court of Arkansas · 1875
- Terry v. RosellSupreme Court of Arkansas · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McDonald v. SmithSupreme Court of Arkansas · 1910
- Ferguson v. the C. H. Triplett CompanySupreme Court of Arkansas · 1939
- Adams v. ManningUtah Supreme Court · 1915
- Sims v. St. JohnSupreme Court of Arkansas · 1912
- Troyer v. CameronSupreme Court of Arkansas · 1923
5 more not listed; retrieve them via the Exa API.