Bailey v. Clay
Court of Appeals of Virginia
This was an appeal from the Superior Court of Law for Halifax county, where Romulus M. Saunders and Henry M. Clay brought an action on the case, against William Bailey.
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This was an appeal from the Superior Court of Law for Halifax county, where Romulus M. Saunders and Henry M. Clay brought an action on the case, against William Bailey. The action was founded on an agreement, by which the said Saunders and Clay should sell and convey to the said Bailey, forty-five feet of a lot in the town of North Milton, at the rate of forty dollars for each front foot; one half at the following Christmas, and the other half twelve months thereafter, and that the said property was to be improved by the said Bailey in some convenient time. The plaintiffs, in their first…
1Opinion of the Court
Judge Green.
The plaintiffs in the Court below, originally filed two several declarations, with distinct conclusions, “to their damage of $5000, and therefore, they bring suit, fkc.” The first of these declarations, set out the written contract between the parties, and alleged that they had always been *348ready, and were still ready, to perform the contract on their part; but, that the defendant had failed and refused to pay the purchase money of the lot; but alleged no promise or assumpsit by the defendant. The second declaration follows the first, and is connected by these words; “and…
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