Crowley v. Vaughan
West Virginia Supreme Court
Appeal from Circuit Court, Kanawha County. Suit by J. E. Crowley against Eva T. C. Vaughan. Decree for complainant, and defendant appeals.
1Opinion of the Court
POEEENBARGER, JUDGE:
Correctness of this decree enforcing specific performance of an alleged contract of sale of a city lot is challenged on the grounds of invalidity of the contract, by reason of lack of consideration, making it a mere offer of sale, and proof of withdrawal of such offer before acceptance thereof.
On the latter issue, the trial court has found against the appellant, upon evidence so conflicting and evenly balanced as to preclude disturbance thereof. As to the alleged withdrawal of the offer, there are oust two witnesses, the appellant and the appellee, the former asserting it…
2Cases cited8 opinions
- Rease v. KittleWest Virginia Supreme Court · 1904
- Pollock v. BrookoverWest Virginia Supreme Court · 1906
- Goodman v. HenryWest Virginia Supreme Court · 1896
- Capehart v. HaleWest Virginia Supreme Court · 1873
- Heiskell v. TroutWest Virginia Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Charbonnages De France v. Frank B. Smith, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales CorporationCourt of Appeals for the Fourth Circuit · 1979
- Napper v. RiceWest Virginia Supreme Court · 1944
- Crane v. DaltonWest Virginia Supreme Court · 1926
- Swanson v. MadsenNebraska Supreme Court · 1945