Armstrong v. Ross
West Virginia Supreme Court
Appeal from Circuit Court, Taylor County. Bill by Adolphus Armstrong against E. L. Ross. Decree for plaintiff and defendant appeals.
1Opinion of the Court
POEEENBARGER, JUDGE:
E. Lodge Ross complains of a decree of the circuit court of Taylor county, requiring him to specifically perform a contract for the sale of certain coal in place, made between him and Adolphus Armstrong, in a manner greatly variant from his interpretation of the contract, but conforming exactly to that of the plaintiff, Armstrong. The memorandum of the sale executed by Ross and delivered to Armstrong reads as follows: “I sell to A. Armstrong the coal in the-Barnes & Smith land bought by me under decree at last, court. There is to be 27 acres of the coal & if not that…
2Cases cited14 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Crislip v. CainWest Virginia Supreme Court · 1882
- Smoot's CaseSupreme Court of the United States · 1873
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Dyer v. DuffyWest Virginia Supreme Court · 1894
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- McMillan v. SmithTexas Supreme Court · 1962
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