Stuart v. Pennis
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Bussell county, pronounced March 11, 1895, in a suit in chancery wherein the appellant was the complainant, and the appellee was the defendant. « This was a bill in equity by Dale 0. Stuart against S. P. Pennis to enforce the specific execution of the following contract : “Bought of Mr's.
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Appeal from a decree of the Circuit Court of Bussell county, pronounced March 11, 1895, in a suit in chancery wherein the appellant was the complainant, and the appellee was the defendant. « This was a bill in equity by Dale 0. Stuart against S. P. Pennis to enforce the specific execution of the following contract : “Bought of Mr's. S. P. Pennis all poplar timber between her residence and Mrs. E. C. Carter’s and between the Meade road and Jesse’s Mill road and running with the top of Copper Bidge, and measuring 24 inches in diameter inside of the bark and up, and as much as thirty-two feet of…
1Opinion of the CourtRiely, J.
This is a suit in equity to compel the specific performance of a contract in writing for the sale of growing timber trees. Upon a demurrer to the bill, it was dismissed by the court.
There was and could be no objection urged against the relief sought growing out of any indefiniteness as to the terms of the contract, or as to its subject matter. The defence of the appellee was that the subject of the contract was personal property, and not an interest in real estate; arid being personal property, and there also being an adequate remedy at law for the breach of the contract, a court of equity…
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