Sharp v. West

ROGERS, District Judge.

This case is here on demurrer to the bill. The grounds of demurrer are that the alleged contract was void under the statute of frauds (section 3654, Kirby’s Dig.) ; second, that it does not state facts sufficient to entitle plaintiff to any relief.

The substantial facts stated in the bill are these: Samuel H. West, a citizen of Missouri, owned five undivided interests or shares in the land described in the bill. West lived in St. Eouis, and Sharp lived at Fayetteville, Ark. On the 13th of October, 1903, West addressed the following letter to Sharp:

“St. Louis Southwestern…