Johnson v. Gunnell

*362Opinion op the Court by

Judge Clarke

— Affirming.

On March 3, 1905, A. J. Gunnell and wife sold a tract of land to N. B. Armstrong by written contract, by the terms of which they agreed to convey it to Armstrong upon the payment, one month thereafter, of ten dollars per acre, when the acreage should he determined, by a survey. Armstrong assigned this contract to the Lowther-Kaufman Oil & 'Coal Company, a West Virginia corporation, which had the land surveyed, but failed to make the payments therefor, as provided in the contract.

On June 6, 1907, A: J. Gunnell filed this action in the Floyd…