Findley v. Armstrong
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case :■ On the 5th day of April, 1879, Adolplms Armstrong, James 0. "Watson and John II. Kuust, executor of George II. A. Kunst, entered into a written contract with one Martin L. Shields of which the following is a copy : “A contract between A. Armstrong, James 0. Watson and John II. ICunst, executor of George II. A. Kunst, deceased, of the one part, and Martin L. Shield, of the other part.
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Green, Judge, furnishes the following statement of the case :■ On the 5th day of April, 1879, Adolplms Armstrong, James 0. "Watson and John II. Kuust, executor of George II. A. Kunst, entered into a written contract with one Martin L. Shields of which the following is a copy : “A contract between A. Armstrong, James 0. Watson and John II. ICunst, executor of George II. A. Kunst, deceased, of the one part, and Martin L. Shield, of the other part. The parties of the first part sell to said Shields all their Martin B. Sinsel land, on Buck run in Taylor county, the mill lot of about one and a…
1Opinion of the Court
GREEN, Judü-e:'
The circuit court in its decree proceeded on the assumption, that the plaintiff Charles W. Mndley was not precluded by an acceptance of the deed, which had been tendered him, from now in this cause demanding such a deed, as by their contract the defendants other than Shields were bound to make to him. James W. Mndley was present when this deed was tendered; and he states the transaction as occurring thus: “Armstrong read the deed to Charles W. Mndley, and Mndley objected to taking the deed saying that the deed reserved more coal-privilege than the title-bond; and thereupon…
2Cases cited5 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Dunlap's Ex'rs v. ShanklinWest Virginia Supreme Court · 1877
- Hatcher's administrator v. Hatcher's executorsSupreme Court of Virginia · 1822
- Scott v. LudingtonWest Virginia Supreme Court · 1878
- Warren v. BranchWest Virginia Supreme Court · 1879
3Cited by14 opinions
- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Kerr v. HillWest Virginia Supreme Court · 1886
- Fisher v. West Virginia Coal & Transportation Co.West Virginia Supreme Court · 1952
- Roush v. MillerWest Virginia Supreme Court · 1894
- Yeager v. MusgraveWest Virginia Supreme Court · 1886
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