Roach v. Dickinsons
Supreme Court of Virginia
This is an action of covenant brought by Jésse C. Roach against J. G. and R. W. Dickinson in the Circuit-Superior court of Wood county, upon an agreement under seal, dated 3d of May 1845, which, so far as it is necessary to recite it, is in substance as follows: “ The said Roach, in consideration of the covenants and agreements hereinafter mentioned to be observed and kept by the parties of the second part, has bargained and sold, to the said parties of the second part, a…
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This is an action of covenant brought by Jésse C. Roach against J. G. and R. W. Dickinson in the Circuit-Superior court of Wood county, upon an agreement under seal, dated 3d of May 1845, which, so far as it is necessary to recite it, is in substance as follows: “ The said Roach, in consideration of the covenants and agreements hereinafter mentioned to be observed and kept by the parties of the second part, has bargained and sold, to the said parties of the second part, a certain lot or parcel of land in Wood county;” (which is set out by metes and bounds, and described as part of a tract of…
1Opinion of the Court
Daniel J.,
after stating the case, proceeded:
Was the demurrer properly sustained? This depends on the question whether, by the terms of the agreement, the plaintiff was bound to make or tender a deed for the property as a prerequisite to his right to demand the last payment of the purchase money. If he was, the rule is well settled that he was bound to aver explicitly in the declaration, either that he-had executed or had tendered the deed; and the averment that he was ready and willing to execute and deliver it, is not sufficient.
There is perhaps no branch of the law in which is to be found a…
2Cases cited2 opinions
- Bailey v. ClayCourt of Appeals of Virginia · 1826
- Adams v. WilliamsSupreme Court of Pennsylvania · 1841
3Cited by12 opinions
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Horgan v. RussellNorth Dakota Supreme Court · 1913
- Newberry v. RuffinSupreme Court of Virginia · 1903
- Kern v. ZeiglerWest Virginia Supreme Court · 1878
- Smith v. . SmithSupreme Court of North Carolina · 1925
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