Taliaferro v. Boyd
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. E. M. Taliaferro instituted this action in the chancery court against Josephine Boyd to compel specific performance of a contract for the exchange of real estate..
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Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. E. M. Taliaferro instituted this action in the chancery court against Josephine Boyd to compel specific performance of a contract for the exchange of real estate.. The plaintiff, Taliaferro, testified on behalf of himself substantially as follows: I formerly resided in the town of Bison, in Cleveland County, Arkansas, but I now reside in the city of Seattle in the State of Washington; in November, 1912, I came to Bison, Arkansas, where I owned a .frame hotel, and while there George Tolson asked me if I…
1Opinion of the CourtHart, J.
(after stating the facts), (1) Mr. Pomeroy, in discussing the requisites of a misrepresentation as .a defense to the enforcement of specific performance of contracts, says: “In setting up .a material misrepresentation to defeat the specific performance of a contract, the element of ¡a scienter, of knowledge, of belief with or without reasonable grounds, or of intent, is wholly unnecessary and immaterial. So far as this most essential element of a fraudulent misrepresentation is concerned, it is sufficient to defeat a specific performance that the statement is actually untrue so as to mislead…
2Cited by2 opinions
- Robinson v. SanitariumSupreme Court of Arkansas · 1921
- Rodger v. CrainSupreme Court of Arkansas · 1962