Robbins v. Kimball
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. David W. Carroll, Chancellor. Robbins brought suit against Kimball to establish a trust in favor of himself in a tract of land purchased by the latter. His contention was that Kimball and himself were partners engaged in buying and selling real estate, and that he furnished part of the consideration of the purchase under a parol agreement with Kimball that he should have a half interest in the land.
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APPEAL from Pulaski Chancery Court. David W. Carroll, Chancellor. Robbins brought suit against Kimball to establish a trust in favor of himself in a tract of land purchased by the latter. His contention was that Kimball and himself were partners engaged in buying and selling real estate, and that he furnished part of the consideration of the purchase under a parol agreement with Kimball that he should have a half interest in the land. Kimball denied the existence of such partnership or agreement, and alleged that he purchased the lands with his own means, but agreed with Robbins to sell him a…
1Opinion of the CourtCockrill, C. J.
1. Parol agreement to purchase land is within statute of frauds. If Kimball obtained the title to the land. _ . . m controversy with his own means under a parol agreement J ° with Robbins to let him have an interest in it on condition that he would pay one-half the expenses incurred in acquiring the title, the contract would be void by reason of the statute of frauds, and Robbins could take nothing through it. It could not be enforced for the further reason that Robbins has not complied or offered to comply with the condition by paying his share of the expense which it is admitted Kimball…
2Cited by10 opinions
- Bowmaster v. CarrollCourt of Appeals for the Eighth Circuit · 1928
- Singer Manufacturing Co. v. BrewerSupreme Court of Arkansas · 1906
- Friedsam v. RoseCourt of Appeals of Texas · 1925
- Powell v. AdlerSupreme Court of Oklahoma · 1918
- Wilhite v. SkeltonCourt Of Appeals Of Indian Territory · 1904
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