Ashcraft v. Tucker
Supreme Court of Arkansas
Appeal from Perry Chancery Court; Jordan Sellers, Chancellor; STATEMENT OF FACTS. W. H. Tucker brought this suit in equity against Byron Ashcraft for the specific performance of a land contract. According to the testimony of W. H. Tucker, he rented the forty acres of land in controversy from Byron Ashcraft for the year 1916, and agreed to pay as rent one-third of the corn and one-fourth of the cotton raised on the land.
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Appeal from Perry Chancery Court; Jordan Sellers, Chancellor; STATEMENT OF FACTS. W. H. Tucker brought this suit in equity against Byron Ashcraft for the specific performance of a land contract. According to the testimony of W. H. Tucker, he rented the forty acres of land in controversy from Byron Ashcraft for the year 1916, and agreed to pay as rent one-third of the corn and one-fourth of the cotton raised on the land. Some time in the fall, Tucker asked Ashcraft about renting the land for the next year and Ashcraft replied that he had a prospective purchaser for the land, but that if he did…
1Opinion of the Court
Hart, J.,
(after stating the facts). The first contention of the defendant is that the contract, being unilateral or optional, can not be enforced even in a court of equity for want of mutuality. It is well settled in this State, as elsewhere, that an optional contract based upon a valuable consideration does not lack mutuality and that equity will compel .a specific performance of such a contract when it has been accepted by the party seeking to enforce it. Meyer v. Jenkins, 80 Ark. 209; Indiana & Ark. Lumber & Mfg. Co. v. Pharr, 82 Ark. 573; Mier et al. v. Hadden (Mich.), 12 A. & E. Ann.…
2Cases cited7 opinions
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- Moore v. GordonSupreme Court of Arkansas · 1884
- Young v. CrawfordSupreme Court of Arkansas · 1907
- Phillips v. JonesSupreme Court of Arkansas · 1906
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Moore v. ExelbySupreme Court of Arkansas · 1926
- Hollowoa v. BuckSupreme Court of Arkansas · 1927
- Stanford v. SagerSupreme Court of Arkansas · 1920
- Hogan v. RichardsonSupreme Court of Arkansas · 1924
- Rolfe v. JohnsonSupreme Court of Arkansas · 1950
10 more not listed; retrieve them via the Exa API.