Shelton v. Keller

Arkansas Court of Appeals
Shelton v. Keller, 24 Ark. App. 68 (1988)
748 S.W.2d 153; 1988 Ark. App. LEXIS 188
Agree, Corbin, Cracraft, Jennings

Shelton v. Keller

Opinion of the Court

John E. Jennings, Judge.

It is generally true that in order to obtain a decree of specific performance of a contract for the sale of personal property, it must be shown that the property is “unique.” Ark. Stat. Ann. § 85-2-716 (Add. 1961); 81 C.J.S. Specific Performance § 82 (1977). This rule has no application to real property because the law regards land as unique. See Dickinson v. McKenzie, 197 Ark. 746, 126 S.W.2d 95 (1939); D. Dobbs, Handbook on the Law of Remedies, § 12.10 (1973); 81 C.J.S. Specific Performance § 76 (1977).

Appellees correctly point out that chancery has some latitude of discretion in granting or withholding specific performance depending on the equities of the particular case. See Langston v. Langston, 3 Ark. App. 286, 625 S.W.2d 554 (1981). But in the case at bar the court did not decline to grant specific performance because of the equities. The court’s judgment was based upon a failure of proof, when such proof is not required by the law.

The case is remanded to the chancellor with directions to enter a decree of specific performance.

Reversed and remanded.

Corbin, C.J., and Cracraft, J., agree.

Reference

Full Case Name
Billy Ray SHELTON and Sarah Shelton v. Hugh KELLER, Hugh Keller III and Patsy Keller
Cited By
4 cases
Status
Published