Newell v. Mayberry
Supreme Court of Virginia
Assumpsit by Mayberry against Newell, in the circuit court of Botetourt. The declaration alleged, in substance, that a written agreement was made by and between May-berry and Newell, and signed by Newell, on the 2d July 1816, whereby it was agreed between the parties, that Newell should give out that he had purchased a slave named Lewis from Mayberry, or had exchanged with him a slave named Reuben for Lewis, and should try by all means in his power to take Lewis; and when…
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Assumpsit by Mayberry against Newell, in the circuit court of Botetourt. The declaration alleged, in substance, that a written agreement was made by and between May-berry and Newell, and signed by Newell, on the 2d July 1816, whereby it was agreed between the parties, that Newell should give out that he had purchased a slave named Lewis from Mayberry, or had exchanged with him a slave named Reuben for Lewis, and should try by all means in his power to take Lewis; and when taken, Newell was either to keep him, and settle with Shepherd for the price of him, or deliver him to Mayberry, at…
1Opinion of the Court
Tucker, P.
I am of opinion, that the words, this agreement to be in force until the 12th July, if underwritten at the time of the contract, or afterwards and before that date by the mutual consent of the parties, did constitute a part of the contract between them, and a most material part of it, since it limited (as I conceive) the right of purchase on the part of Newell, to the 12th July. Until that date he had a right to keep the slave, if he chose to do so, under the contract, and pay Shepherd for him. But after that date, he had no such right. If he detained him, he did not detain him…
2Cited by5 opinions
- Smith v. BarnesMontana Supreme Court · 1915
- Benson v. AdamsTexas Commission of Appeals · 1926
- Nottingham v. AckissSupreme Court of Virginia · 1907
- Harnsberger v. NicholasSupreme Court of Virginia · 1940
- Kennaird v. JonesSupreme Court of Virginia · 1852