Johnson v. Steuart
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; Tames D. Shaver, Chancellor, statement by the court. This suit was by appellant to compel a specific performance of a contract of sale of block 2 in the town of Tokio, Hempstead County, Arkansas.
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Appeal from Hempstead Chancery Court; Tames D. Shaver, Chancellor, statement by the court. This suit was by appellant to compel a specific performance of a contract of sale of block 2 in the town of Tokio, Hempstead County, Arkansas. It was alleged that appellant purchased said block containing lots 1 to 16 for $100, .at the time of the purchase paying $25 by check, and on August 10, 1909, paid I. N. Steuart the balance of the purchase money, $75, and got his receipt in full for the purchase money which 'described the property purchased; that a deed conveying same was demanded, and appellee…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The court treated the action as one for specific performance of the contract for the sale of block number two, as evidenced by the receipt for the remainder of the purchase money, describing it, and the answer and cross complaint as asking a reformation thereof because of a mistake in the description of the land or fraud of the vendee in procuring it; and in effect decreed a reformation and specific performance of the contract as reformed.
A preponderance of the evidence is not sufficient to- warrant the reformation of such a contract, for, as was said in…
2Cases cited9 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Clements v. Crawford County BankSupreme Court of Arkansas · 1897
- Tillar v. WilsonSupreme Court of Arkansas · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fagan v. GravesSupreme Court of Arkansas · 1927