Vance v. Newman
Supreme Court of Arkansas
Appeal from Boone Chancery Court. Elbridge G. Mitchell, Judge. Action by A. J. Vance against John R. Newman and others. Judgment for defendants, from which plaintiff has appealed. statement by the court. The plaintiff in November, 1900, brought an action for the specific performance of a contract in reference to land owned by defendants, which contract had for valuable consideration been duly assigned to plaintiff before the commencement of the action.
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Appeal from Boone Chancery Court. Elbridge G. Mitchell, Judge. Action by A. J. Vance against John R. Newman and others. Judgment for defendants, from which plaintiff has appealed. statement by the court. The plaintiff in November, 1900, brought an action for the specific performance of a contract in reference to land owned by defendants, which contract had for valuable consideration been duly assigned to plaintiff before the commencement of the action. The contract is as follows, towit: "bond eor title. “Know All Men by These Presents: “That we, Elizabeth Newman, a single woman, and Mary M.…
1Opinion of the CourtRiddicic, J.
(after stating the facts). This is an action for specific performance. The first question in the case is whether the bond for title set out in the statement of facts amounts to a contract for a sale of the land, or only an option giving the assignors of plaintiff the right to buy at the price ’named within the time specified in the contract. The bond recites that “T. R. Cave and E. E- Clenrlenin have purchased from the said Newmans lot No. 7, in block No. 4, in the old town of Harrison, Arkansas, and'have paid thereon $150, and are’to make future paiunents as follows: $100 on November 10,…
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