Page:St. Louis, Iron Mountain & Southern Railway Co. v. Beidler.pdf/1

 CASES ARGUED AND DETERMINED

IN THE

OF THE

STATE OF ARKANSAS

AT THE

MAY TERM, 1885.



Headnotes
1. S F: Memorandum of sale of land.

A memorandum of a transaction for the sale of land which does not show the terms and conditions of the sale, the Driee to he paid and the time for payment is not sufficient to satisfy the requirements of the Statute of Frauds.

2. S: ''Same. Several writings: Specific performance.''

When the mutual relation of several writings appears on their face, and the writings are made in the course of one end the same transaction, they will be read together as one instrnment; and if by the light of each upon the other a court can, without resorting to extrinsic evidence, ascertain and identify the parties to the contract, the subject matter and terms and conditions of the sale, specific performance will be decreed. It matters not what may hnve been the immediate purpose for which some of the writings were prepared. or that one of them may be unsigned. All that the statute requires is written evidence from which the whole contract can be made out.

3. C: Description of the land.

A contract for the sale of a tract of land "except five acres" at a designated corner of the tract is sufficiently descriptive of the land contracted. The exception means five acres laid off in a square. 45 Ark.—2