English v. North
Supreme Court of Arkansas
Appeal from. Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. This suit was instituted by appellant against the appellees to rescind a trade involving an exchange of real property between appellant and appellees.
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Appeal from. Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. This suit was instituted by appellant against the appellees to rescind a trade involving an exchange of real property between appellant and appellees. The appellant alleged that he had conveyed a certain lot in the city of Little Rook to appellee, Mabel B. North, in consideration of a conveyance by her to appellant of a certain tract of land in Sharp County; that appellant had never seen the land conveyed to him by appellee, and that the land was represented by appellee Arthur North, who acted as agent…
1Opinion of the Court
Wood, J.,
(after stating the facts). In Kincaid v. Price, 82 Ark. 20-24, we said: “To justify a court of equity in rescinding and cancelling a written contract for the conveyance of land on the ground of misrepresentation, a clear case should be made out by the evidence. Where the parties have deliberately entered into a written contract for the sale of property, it ought not to be set aside by a court unless there be clear and satisfactory evidence to show that there was a misrepresentation by the defendant as to a material fact, that plaintiff relied upon it, and was induced thereby to make…
2Cases cited4 opinions
- Neely v. RembertSupreme Court of Arkansas · 1902
- Ryan v. BatchelorSupreme Court of Arkansas · 1910
- Kincaid v. PriceSupreme Court of Arkansas · 1907
- Carvill v. JacksSupreme Court of Arkansas · 1884
3Cited by11 opinions
- Shatford v. ShatfordSupreme Court of Arkansas · 1949
- Green v. BushSupreme Court of Arkansas · 1942
- Ballard v. CarrollCourt of Appeals of Arkansas · 1981
- Worden v. WordenSupreme Court of Arkansas · 1960
- Young v. BradshawSupreme Court of Arkansas · 1955
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