Couch v. McCoy
U.S. Circuit Court for the District of West Virginia
In Equity. On demurrer to bill. This is a suit for the specific performance of a contract for the sale of lands, alleged by the plaintiff to exist by reason of certain written and telegraphic correspondence between him and the defendant W. J. McCoy, which correspondence, it is asserted in the bill, amounted to a valid 60-days option to the plaintiff to purchase the lands described in the bill, and which option the plaintiff duly accepted within said 60 days.
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In Equity. On demurrer to bill. This is a suit for the specific performance of a contract for the sale of lands, alleged by the plaintiff to exist by reason of certain written and telegraphic correspondence between him and the defendant W. J. McCoy, which correspondence, it is asserted in the bill, amounted to a valid 60-days option to the plaintiff to purchase the lands described in the bill, and which option the plaintiff duly accepted within said 60 days. The suit was originally brought by the plaintiff in the circuit court of Greenbrier county, W. Va., and was removed by the defendants to…
1Opinion of the CourtKeleer, District Judge
(after making foregoing statement). This case is now before me upon demurrer to the bill, and, as a matter of course, all the facts well pleaded in the bill are, for the purposes of the demurrer, to be taken as literally true; and I think these facts, relieved of certain minor contradictions appearing in the bill itself, are substantially set forth in the foregoing statement.
It is well at the outset to distinguish between an offer of an option and an offer of sale. It is indisputable that had a 60-day option, upon the terms set forth in the telegram exhibited with the bill, been offered by…
2Cases cited22 opinions
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Colson v. ThompsonSupreme Court of the United States · 1817
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Mississippi & Dominion Steamship Co. v. SwiftSupreme Judicial Court of Maine · 1894
- Weaver v. BurrWest Virginia Supreme Court · 1888
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3Cited by5 opinions
- Shull v. SextonSupreme Court of Colorado · 1964
- Anderson v. StewartNebraska Supreme Court · 1948
- Rahm v. CummingsSupreme Court of Minnesota · 1915
- Jones v. ByrneU.S. Circuit Court for the District of Western Arkansas · 1906
- In re LEVINSONDistrict Court, W.D. Washington · 1923