Watring v. Gibson
West Virginia Supreme Court
Appeal from Circuit Court, Bandolph County. Suit in Equity by S. H. Watring against Virginia S. Gib-sonj and husband, to recover for shortage' in quantity of standing timber paid for, and to enjoin defendant’s action at law. Decree for defendant as to shortage, and for plaintiff against defendant Virginiá S. Gibson,' and plaintiff appeals.
1Opinion of the Court
’Williams, Judge :
This suit in equity was brought by S. H. Watring against Virginia S. Gibson and J. A. Gibson, her husband, to re ■cover baek $1,125.00, 'of the purchase price paid Virginia S. Gibson for standing timber, on account of a shortage in the quantity purchased and paid for, and to enjoin her from prosecuting an action at law, brought against this plaintiff to recover damages for cutting dead timber, which was interspersed with the green timber purchased, but which was not included in the contract of sale:
The contract bearing date April 22, 1915, was signed, sealed and acknowledged…
2Cases cited13 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Quarg v. ScherCalifornia Supreme Court · 1902
- Dewing v. HuttonWest Virginia Supreme Court · 1900
- Coyle v. B. & O. R. R.West Virginia Supreme Court · 1877
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3Cited by2 opinions
- Lusher v. SparksWest Virginia Supreme Court · 1961
- Dingess v. CarterWest Virginia Supreme Court · 1930