Beck v. Bridgman
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court in Chancery. Hon. W. D. Jacoway Circuit Judge. One who asks specific performance, must show either that he has performed or is able to perform the contract on his part.
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APPEAL from Franklin Circuit Court in Chancery. Hon. W. D. Jacoway Circuit Judge. One who asks specific performance, must show either that he has performed or is able to perform the contract on his part. Adams Fq., 190-193; Story Fq., vol. 2, sec. 778, 6th ed; 11 Ark., 378 ; 19 lb., 51. There was no such part performance as to take the case out of the statute of frauds. 18 Ark., 466; 21 lb., 533 ; The exchange of personalty had no connection with any contract for the exchange of lands. If he was defrauded in the exchange of personalty his remedy was at law. The possession taken by appellee…
1Opinion of the CourtEakin, J.
The appellee, Bridgman, filed this bill in chancery to obtain specific performance of an alleged agreement for an exchange of his lands in Illinois, for some lands in Arkansas, made with Mrs. Beck and her son J. A. Ash-by. The agreement was verbal, but at the time of filing the bill, Mrs. Beck had gone to Illinois and taken possession of the property formerly belonging to Bridgman, and he had on his part come to Arkansas and taken possession of the lands of Mrs. Beck and her son, which he claims they had agreed to give him in exchange. There had besides been an exchange of personal property,…
2Cited by4 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- German Savings Inst. v. De La Vergne Refrigerating Mach. Co.Court of Appeals for the Eighth Circuit · 1895
- Lowe v. WalkerSupreme Court of Arkansas · 1905