Smith v. Bond
West Virginia Supreme Court
Statement by Johnson, President : In November 1874, Jonas Smith instituted his suit in Putnam county to enforce the following contract: “I hereby give to C. B. Dungan, of Philadelphia, the refusal to purchase a tract of about 100,000 acres lying in Putnam county, West Virginia, known as the Jabel tract, on the following conditions: A loan of $60,000.00 to be paid or become a part of the purchase-money as hereinafter provided. $ 60,000 00. On the 10th of June next with…
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Statement by Johnson, President : In November 1874, Jonas Smith instituted his suit in Putnam county to enforce the following contract: “I hereby give to C. B. Dungan, of Philadelphia, the refusal to purchase a tract of about 100,000 acres lying in Putnam county, West Virginia, known as the Jabel tract, on the following conditions: A loan of $60,000.00 to be paid or become a part of the purchase-money as hereinafter provided. $ 60,000 00. On the 10th of June next with interest from May 1,1865.. 40,000.00. On the 1st day of July next with interest from the 1st of May, 1865 . 100,000.00. And…
1Opinion of the Court
Johnson, Pkesident :
It appears that Bond filed a petition and bond lor the removal of the cause to the circuit court of the United States and that the State court refused to remove the same. But as that error, if it is error, is expressly waived here, it will not be considered. It is here insisted for appellant, that under the pleadings and proof in this case no personal decree could have been rendered against him. The evidence is clear, that Bond was not acting for himself at all, when he entered into the contract with Dungan, but was the agent of the Great Kanawha Land Association, and that…
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