Maguire v. Ivey

Mobley, Justice.

The allegations of the present petition — to the effect that in the early part of 1954 defendant agreed that petitioner discontinue making monthly payments as defendant was on the road, and that subsequently petitioner, upon being-told where defendant again could receive his mail, mailed him a check in an amount sufficient to bring the monthly payments up to date, which check was returned to him — failed to allege mutual departure from the terms of the contract and payment or receipt of money under such departure so as to come within the provisions of Code § 20-116, which…