Johnston v. Jarret
West Virginia Supreme Court
Appeal from a decree of the circuit court of Green-brier county, rendered on the 13th day of November, 1876, in a cause in chancery in said court then pending, wherein Andrew D. Johnston was plaintiff, and James Jarrett and others were defendants, allowed on the petition of said Johnston. lion. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of Green-brier county, rendered on the 13th day of November, 1876, in a cause in chancery in said court then pending, wherein Andrew D. Johnston was plaintiff, and James Jarrett and others were defendants, allowed on the petition of said Johnston. lion. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. JoiinsoN, Judge, furnishes the following statement of the case : On the 19th of January, 1871, Andrew D. Johnston and James Jarrett, entered into the following contract: “ This agreement, made and mitered into this…
1Opinion of the CourtJohnson, Judge
The first error assigned is, that the court should have directed an issue quantum damnificatus. I see no reason for directing such an issue. The proof seems to be full; and if there had been an absence of proof the court could have referred the cause to a commissioner, to ascertain the relative value of the land, at the time the contract was made. Clark v. Hardgrove, 7 Gratt. 399.
The second error assigned is, that “the bill having been taken for confessed as to the defendants, Mann and Rodgers, the court should have decreed against them in favor of the plaintiff.” This would have been to have…
2Cases cited7 opinions
- Stuart's heirs v. CoalterCourt of Appeals of Virginia · 1826
- Vail v. NelsonCourt of Appeals of Virginia · 1826
- Clarke v. HardgroveSupreme Court of Virginia · 1851
- Johnston v. GriswoldWest Virginia Supreme Court · 1875
- Renick v. RenickWest Virginia Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Butcher v. PetersonWest Virginia Supreme Court · 1885
- Heavner v. MorganWest Virginia Supreme Court · 1895
- Fisher's Heirs v. Camp's HeirsWest Virginia Supreme Court · 1885
- Spies v. ButtsWest Virginia Supreme Court · 1906
- Grossman v. KennaWest Virginia Supreme Court · 1921