Weaver v. Burr
West Virginia Supreme Court
Statement of the case by Woods, Judge : This is a suit in chancery brought on the 31st January, 1884, in the Circuit Court of Kanawha county, by John F. Weaver and W. W. Betts, partners composing the firm of Weaver'& Betts, and William Beading and R. C. Reading, composing the firm of Emery & Reading and Franklin Reading, plaintiffs, against Levi Gay, administrator of John Burr, deceased, Catherine Burr, his widow, and Charles W. Burr, Mary E. Smith, John Smith, Rebecca Dean,…
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Statement of the case by Woods, Judge : This is a suit in chancery brought on the 31st January, 1884, in the Circuit Court of Kanawha county, by John F. Weaver and W. W. Betts, partners composing the firm of Weaver'& Betts, and William Beading and R. C. Reading, composing the firm of Emery & Reading and Franklin Reading, plaintiffs, against Levi Gay, administrator of John Burr, deceased, Catherine Burr, his widow, and Charles W. Burr, Mary E. Smith, John Smith, Rebecca Dean, Isaac P. Dean, Alvin Burr, Henry S. Burr, Sarah A. Buzzard, Jackson Buzzard, Fanny B. Burr, Ida J. Burr, and Lillie V.…
1Opinion of the Court
Woods, Judge:
The following questions, arising on the face of this record, are presented for our consideration: First, is the paper writing filed with the bill as “ Exhibit A ” a contract, binding John Burr to convey to the plaintiffs the land therein mentioned, at the price of $6.25 per acre ? Second, can it be converted into such a contract by being accepted by the plaintiffs within 60 days from the 7th day of June, 1883? Third, could it become a valid and binding contract by the plaintiffs’ accepting the same without giving John Burr notice of that fact ? Fourth, was this option ever…
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