Barrett v. Forney
Supreme Court of Virginia
Appeal from decree of circuit court of Wythe county, rendered March, 1885, in the cause wherein D. S. Forney and Thomas Baumgardner were plaintiffs, and John B. Barrett, in his own right, and as trustee for the separate use of Rebecca H. Barrett, his wife, doing business in both characters, in the name of J. B. Barrett & Co., were defendants.
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Appeal from decree of circuit court of Wythe county, rendered March, 1885, in the cause wherein D. S. Forney and Thomas Baumgardner were plaintiffs, and John B. Barrett, in his own right, and as trustee for the separate use of Rebecca H. Barrett, his wife, doing business in both characters, in the name of J. B. Barrett & Co., were defendants. The purpose of the suit was to have specific performance.of a parol contract for the sale of one-half of a tract of land conveyed to J. B. Barrett & Co. and D. S. Forney, by C. EL Allison. The decree was in favor of Forney, and J. B. Barrett & Co.…
1Opinion of the CourtHinton, J.
This is a suit in equity to enforce the specific performance of a verbal contract for the sale of real estate. The material facts, omitting all mere - minor details of the case, may be briefly stated as follows:
In October, 1872, the appellee, Forney, and the partnership of J. B. Barrett & Go, composed of J. B. Barrett, and J. B. Barrett, trustee for his wife, Rebecca H. Barrett, purchased of one C. H. Allison, a tract of land, in the county of Pulaski, known as “Rich Hill,” for the sum of $6,000, and received from him a conveyance for the same, in which the vendor’s lien is expressly…
2Cases cited3 opinions
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