Supreme Court of Rhode Island, 1902

Flackhamer v. Himes

Supreme Court of Rhode Island · Decided July 17, 1902 · Stiness, Tillinghast, Rogers

53 A. 46; 24 R.I. 306; 1902 R.I. LEXIS 77

Cases that cite this one

2 later published cases cite this decision.

Childs v. Reed (Idaho 1921)
Whitney Co. v. Smith (Or. 1912)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.