Wilkes v. Bierne
West Virginia Supreme Court
Error to Circuit Court, Greenbrier County. Action by James Wilkes against EL EL Bierne and others. There was a verdict for plaintiff, which was set aside, and a new trial awarded, and plaintiff brings error. .
1Opinion of the Court
Robinson, Peesident:
Wilkes conveyed land and transferred property to Bierne in consideration of a comfortable home and maintenance during life. The arrangement was evidenced by a written contract, in which EL EL and Blanche T. Bierne bound themselves to furnish the home and maintenance, and do other things, for the consideration stated. Then the contract contained this clause: “The said El. H. Bierne and Blanche T. Bierne obligate themselves, jointly and severally, to the said James Wilkes in the penal smn of one thousand (1000) dollars, yet to be paid only on the condition of their failure…
2Cases cited2 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908
3Cited by9 opinions
- Stonebraker v. ZinnWest Virginia Supreme Court · 1982
- Lunsford's Administrator v. Colonial Coal & Coke Co.Supreme Court of Virginia · 1913
- Wilbur v. TaylorWashington Supreme Court · 1929
- Zenor v. PryorIndiana Court of Appeals · 1914
- Peeler v. . PeelerSupreme Court of North Carolina · 1932
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