Black v. Daughtry
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Norfolk in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error.
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Error to a judgment of the Circuit Court of the city of Norfolk in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error. This is an action by notice of motion, instituted by the defendant in error, a vendor of certain real estate (who will be hereinafter called plaintiff), against the plaintiff in error, the vendee of such real estate (hereinafter called defendant), to recover $1,327.95 damages caused the plaintiff by the defendant’s failure to comply with the contract of sale by paying the unpaid balance of the contract price on the day fixed by…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The grounds of demurrer to the evidence stated in writing in the trial court are as follows:
“1. That said plaintiff has never been in a position to give such title to the said property unto the said defendant as he obligated himself to give.
“2. That the title to the said property has never been in said plaintiff, and he has never offered to defendant any deed from the true owner thereof.”
The assignments of error before this court are as follows:
“First — The evidence shows that the plaintiff was never…
2Cases cited2 opinions
- Saunders v. Southern Railway Co.Supreme Court of Virginia · 1915
- McMenamin v. Southern Railway Co.Supreme Court of Virginia · 1914
3Cited by2 opinions
- Davis v. EllisCourt of Appeals of Virginia · 1925
- Hancock v. Norfolk & Western Railway Co.Court of Appeals of Virginia · 1928