Nagle v. Newton
Supreme Court of Virginia
This was a suit iu equity brought in February 1866, iu the Circuit court of Prince "William county, and afterwards removed to the Circuit court of Alexandria, by Isaac Newton, formerly of Pennsylvania, but then of Washington city, against John Nagle, Jr., to rescind a contract for the sale by Newton to Nagle, of a tract of land in the county of Prince William ; or if the contract could not be rescinded, then for the specific execution.
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This was a suit iu equity brought in February 1866, iu the Circuit court of Prince "William county, and afterwards removed to the Circuit court of Alexandria, by Isaac Newton, formerly of Pennsylvania, but then of Washington city, against John Nagle, Jr., to rescind a contract for the sale by Newton to Nagle, of a tract of land in the county of Prince William ; or if the contract could not be rescinded, then for the specific execution. Nagle auswered and did not object to the specific execution of the contract; but insisted that he had been-subjected to great losses by the failure on the part…
1Opinion of the Court
Christian J.
delivered the opinion of the court.
The court is of opinion that there is no error in the decree of the Circuit court of Alexandria county, so far as the said court decreed a specific performance of the agreement for the sale of certain real estate entered into between Isaac Eewton and John Eagle, Jr.
The bill and the undisputed facts in the record present a clear case for specific performance. The answer of the defendant does not resist a specific performance of the contract entered into between him and the plaintiff; but claims that he is entitled to compensation for damages…
2Cases cited1 opinion
- Billups v. SearsSupreme Court of Virginia · 1848
3Cited by18 opinions
- Whitsett v. KershowSupreme Court of Colorado · 1878
- Grubb v. StarkeySupreme Court of Virginia · 1894
- Ewing v. Litchfield and Others.Supreme Court of Virginia · 1895
- Campbell v. RustSupreme Court of Virginia · 1889
- Cohen v. LovitzDistrict Court, District of Columbia · 1966
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