Boyd v. Gunnison
West Virginia Supreme Court
Appeal from and supersedeas to a judgment of the circuit court of Wood county, rendered on the 3d day of August, 1875, in a cause in chancery, in said court then pending, wherein William H. Boyd & Co. were plaintifls, and Austin Gunnison & Co. wore defendants, granted on the petition of said defendants., Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgment appealed from.
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Appeal from and supersedeas to a judgment of the circuit court of Wood county, rendered on the 3d day of August, 1875, in a cause in chancery, in said court then pending, wherein William H. Boyd & Co. were plaintifls, and Austin Gunnison & Co. wore defendants, granted on the petition of said defendants., Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the judgment appealed from. Johnson, Judge, furnishes the following statement of the ease: At July rules, 1868, the plaintiffs filed their bill, in the circuit court of Wood county, against the defendants, setting up a…
1Opinion of the CourtJohnson, Judge
The first assignment of error is, that, the court Avas not justified by the case made in granting any relief to the plaintiffs. This raises the question : Did the defendants by their telegram of the 10th April, 1868, rescind the contract?
By the terms of the contract plaintiffs wore given the SylHbllsJ •right, to name one of the three places named in the contract for the delivery of the oil, as the place where such oil was to be delivered. And where a contract names several places, at any one of which personal prop-*14ei'ty may delivery, at the buyer’s option, the buyer must within a reasonable…
2Cases cited7 opinions
- Williams v. WoodsCourt of Appeals of Maryland · 1860
- Hickman v. PainterWest Virginia Supreme Court · 1877
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- Weltner v. RiggsWest Virginia Supreme Court · 1869
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3Cited by33 opinions
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- Hartman v. EvansWest Virginia Supreme Court · 1893
- Reger v. O'NealWest Virginia Supreme Court · 1889
- Handy v. Scott, Baker & Co.West Virginia Supreme Court · 1885
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