Fordyce Lumber Co. v. Wallace
Supreme Court of Arkansas
Appeal from Dallas Chancery Court; Bmon O. Mahoney, Chancellor; The burden of proof was upon the appellee, and this burden he failed to discharge.
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Appeal from Dallas Chancery Court; Bmon O. Mahoney, Chancellor; The burden of proof was upon the appellee, and this burden he failed to discharge. The preponderance of the evidence is contrary to his contention that the contract was conditioned upon his wife’s signing the deed. 1. The proofs show that there was no contract, but, if there was a contract, appellant’s remedy was complete and adequate at law, and it was not entitled to relief in equity. 7 Ark. 520; 13 Ark. 630; 26 Ark. 649; 27 Ark. 97; Id. 157; 48 Ark. 331; 32 Ark. 478. 2. “Where the wife refuses to join her husband in a…
1Opinion of the CourtMcCulloch, J.
Appellant, Fordyce Lumber Company, instituted this suit in the chancery court of Dallas County to compel specific performance of an alleged agreement of appellee, Wallace, whereby the latter undertook to sell and convey,- for a stipulated price, eighty acres of land and the pine timber on two hundred and thirty acres of land in that county. The complaint accurately describes the land to be conveyed and also the land on which the timber is situated. It states that at the time of said sale the plaintiff executed to the defendant its promissory note for $1,650, the agreed price of the land and…
2Cases cited6 opinions
- Tippins v. PhillipsSupreme Court of Georgia · 1905
- Powers v. RudeSupreme Court of Oklahoma · 1904
- Dreiske v. Joseph N. Eisendrath Co.Illinois Supreme Court · 1905
- Hanly v. BlackfordCourt of Appeals of Kentucky · 1833
- Glos v. WilsonIllinois Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rhode v. GallatSupreme Court of Florida · 1915
- Dollar v. KnightSupreme Court of Arkansas · 1920
- Skinner v. StoneSupreme Court of Arkansas · 1920
- Ashcraft v. TuckerSupreme Court of Arkansas · 1918
- Stanford v. SagerSupreme Court of Arkansas · 1920
14 more not listed; retrieve them via the Exa API.