Todd v. Summers
Supreme Court of Virginia
This was an action brought by Summers against A. and G. Todd, on a parol agreement dated the 9th of April 1838, by which Summers agreed to sell to the Todds his interest in a tract of land on Little Sandy river, including his improvements thereon; for which they were to make him 50,000 good staves by the next Christmas, be sawing the stuff to their hands; and they were to make 25,000 more good staves by the 1st of May 1839, and 25,000 by the 1st of November of the same year;…
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This was an action brought by Summers against A. and G. Todd, on a parol agreement dated the 9th of April 1838, by which Summers agreed to sell to the Todds his interest in a tract of land on Little Sandy river, including his improvements thereon; for which they were to make him 50,000 good staves by the next Christmas, be sawing the stuff to their hands; and they were to make 25,000 more good staves by the 1st of May 1839, and 25,000 by the 1st of November of the same year; Summers to board the hands whilst making the staves, and the Todds to pay him ten days sawing with two hands. The…
1Opinion of the CourtAllen, J.
When the issue was made up in this cause, the parties agreed that the defendants and the plaintiff might give in evidence any matter which could have been specially pleaded or replied according to law. On the trial the Court instructed the jury, that if they were satisfied the plaintiff had performed that part of the agreement which related to the land, the stipulations became mutual and independent, enabling the plaintiff to recover against the defendants for failing to make the staves, without shewing he had sawed the timber. That for his failure he was liable to the action of the…
2Cited by2 opinions
- Glaser v. DannelleyNew Mexico Supreme Court · 1918
- Miller v. Southern Railway Co.Supreme Court of Virginia · 1921