Sproull v. Miles
Supreme Court of Arkansas
Appeal from Phillips Chancery Court; Bdward D. Robertson, Chancellor; 1. It was error in the court to decree a specific performance of the contract without the Studebaker Manufacturing Company having been made a party to the suit. 19 Wall. 94, et seq.; Pomeroy on Spec.
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Appeal from Phillips Chancery Court; Bdward D. Robertson, Chancellor; 1. It was error in the court to decree a specific performance of the contract without the Studebaker Manufacturing Company having been made a party to the suit. 19 Wall. 94, et seq.; Pomeroy on Spec. Perf. § 483; 78 Ark. 414, and cases cited; 38 Ark. 402; 20 Ark. 615. 2. The contract between the manufacturing company and Sproull was by its express terms entire and indivisible, and there can be no apportionment of such a contract. 2 Parsons on Contracts (5 Ed.), Pt. 2, ch. 1, § § 4, 5, pp. 517-524-; Id. ch. 3> § 3> PP-…
1Opinion of the CourtHire, C. J.
Sproull made a contract of purchase for 1,600 acres of land in Phillips County from Studebaker Bros. Manufacturing Company, an Indiana corporation. Sproull paid the Studebaker Company $550 cash, and executed to it four notes for $2,612.50 each, payable one, two, three and four years, respectively. The agreement contained usual stipulations found in credit sales, one of which was that no assignment of the premises should be valid unless approved in writing by the Studebaker Company, and that no agreement of Sproull conveying an interest to third parties should affect the Studebaker Company’s…
2Cases cited5 opinions
- Sisk v. AlmonSupreme Court of Arkansas · 1879
- Thalheimer v. LockertSupreme Court of Arkansas · 1905
- Benton v. HollidaySupreme Court of Arkansas · 1884
- Railway Co. v. StateSupreme Court of Arkansas · 1893
- Arkadelphia Lumber Co. v. MannSupreme Court of Arkansas · 1906
3Cited by12 opinions
- Beasley v. BorenSupreme Court of Arkansas · 1946
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
- Walls v. HumphriesSupreme Court of Arkansas · 2013
- Thompson v. HickmanSupreme Court of Arkansas · 1924
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