Barr v. Johnson
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; Whatever might have been said by appellant prior to the 13th day of April, 1909, with reference to the purchase of the land himself, the whole matter was merged into a broker’s contract, pure' and simple, when on that day appellee executed and delivered the deed in escrow to the First National Bank of De Queen and drew his draft on Hammond for $11,500 and attached it to the deed, etc.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; Whatever might have been said by appellant prior to the 13th day of April, 1909, with reference to the purchase of the land himself, the whole matter was merged into a broker’s contract, pure' and simple, when on that day appellee executed and delivered the deed in escrow to the First National Bank of De Queen and drew his draft on Hammond for $11,500 and attached it to the deed, etc. Such contracts do not of necessity have to be in writing; and the statute of frauds does not apply to' escrow agreements. 18 L. R. A. (N. S.) 337;…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover damages on account of an alleged refusal of defendant to perform his contract for the sale of land. The complaint alleges, in substance, that plaintiff and defendant entered into an oral contract, whereby the defendant agreed to sell to the plaintiff certain tracts of land in Sevier County, Arkansas, for the sum of $8,000; “that it was understood and agreed by and between the parties, at the time of said transaction, that said lands were bought by plaintiff for the purpose of speculation, and defendant agreed at the time to make a deed conveying same to any party…
2Cases cited1 opinion
- Forrester-Duncan Land Co. v. EvattSupreme Court of Arkansas · 1909
3Cited by5 opinions
- Simpson v. GreenCourt of Appeals of Texas · 1919
- Hollabaugh v. TaylorSupreme Court of Arkansas · 1918
- Dallas v. MoseleySupreme Court of Arkansas · 1921
- Faith v. EppersonSupreme Court of Arkansas · 1948
- Jozefowicz v. LeickemWisconsin Supreme Court · 1921