Page:St. Louis, Iron Mountain & Southern Railway Co. v. Beidler.pdf/10

26 Rh  The following instruments were put in evidence by Beidler:

"Contract No. 2,444.

"Received of Henry M. Beidler, of Texarkana, Miller County, Ark., the sum of two hnudred and one 56-100 dollars, on account of purchase money of land of this company, as expressed in his contract, numbered as above.

"$201.56

"This receipt is given to be held by the party until the contract be transmitted to New York for signature by the Trustees, and received back at this office."

"This is to certify, that H. M. Beidler, of Texarkana, Miller county, Arkansas, has purchased from St. Louis, Iron Mountain & Southern Railway, the following tracts of land:

"All of N. E. of S. E., Sec. 30, T. 15, S., R. 28 W., except 5 acres in S. W. corner of said forty, reserved for company's steam pump, containing an area of 35 acres; also that part of the N. W. of S. E., Sec. 30, T. 15 S., R. 28 W., outside of lands reserved for company purposes, containing an area of 18 75-100 acres, as set forth in contract between said Beidler and St. L., I. M. & So. Ry. Co.

"Number 2,444.

These memoranda are insufficient of themselves to satisfy the requirements of the Statute. They do not show the terms and conditions of the sale, the price to be paid and the time within which payment is to be made. They refer, however, to a certain contract numbered 2,444, which was produced by the Company and which proved to be nothing