Flackhamer v. Himes

Supreme Court of Rhode Island
Flackhamer v. Himes, 53 A. 46 (R.I. 1902)
24 R.I. 306; 1902 R.I. LEXIS 77
Stiness, Tillinghast, Rogers

Flackhamer v. Himes

Opinion of the Court

Per Curiam.

(1) It appears in this case that the complainant *307 had a written contract with the respondent, Laura A. Himes, to convey to him certain real estate; and that, at the same time, she was bound by another contract, previously given, to convey it to the respondent Potter. Under this latter contract she has conveyed the estate to Potter, and, so far as appears, he was a purchaser in good faith and without notice of complainant’s contract.

F. P. Oiuen, for complainant. J. C. Collins, Jr., for respondent.

As the respondent has conveyed the estate, and as we do . not find that such conveyance was fraudulent as to the complainant, no decree for specific performance can be entered.

The complainant has only his remedy at law.

Bill dismissed.

Reference

Full Case Name
Alfred J. Flackhamer v. Laura A. Himes.
Cited By
2 cases
Status
Published