Swiger v. Hayman
West Virginia Supreme Court
Appeal from Circuit Court, Harrison County. Bill by John R. Swiger against N. J. Hayman and others. Decree' for plaintiff and defendant Mark appeals.’ Decree in favor of Hayman and Costor reversed, and decree in favor of Mark entered.
1Opinion of the Court
POEEENBERGER, PRESIDENT :
The vital question presented here is, whether a mere renunciation of an executory contract by one of the parties thereto’ which is recanted or retracted within a few minutes afterwards, and before any declaration has been made or act done by the other party, in respect to such renunciation, and before any change in the situation of the parties or the subject matter of the contract has taken place, constitutes a breach, of the agreement.
*124The litigation arose upon the following contract:
“This Agreement, made this 26th day of March, 1901, by and between C. E. Mark, of the…
2Cases cited5 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Dingley v. OlerSupreme Court of the United States · 1886
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Traver v. HalstedNew York Supreme Court · 1840
3Cited by18 opinions
- Pettus v. HendricksSupreme Court of Virginia · 1912
- Long v. NeedhamMontana Supreme Court · 1908
- Armstrong v. RossWest Virginia Supreme Court · 1906
- Bannister v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1908
- Rucker v. SandersSupreme Court of North Carolina · 1921
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