Wellman v. Virginian Railway Co.
West Virginia Supreme Court
Appeal from Circuit Court, Wyoming -County. Suit by Jay Wellman against the Virginia Railway Company and others, for specific performance of a contract. Decree for defendants, and plaintiff appeals.
1Opinion of the Court
Miller, President:
The decree below denied plaintiff relief and dismissed his bill. He sued as assignee of John Ball, for specific performance *170of a contract alleged to have been made by Ball with the Deep-water Railway Company August 14, 1905, for the sale and purchase of certain timber on the right of way of that company between the mouth of Barker’s Creek and a point opposite Pineville, in Wyoming County.
By the deed from the Deepwater Railway Company to the Yirginian Railway Company, dated April 22, 1907, the grantee, as a part of the consideration for the property conveyed, thereby assumed…
2Cases cited4 opinions
- Depue v. MillerWest Virginia Supreme Court · 1909
- Snyder v. Charleston & Southside Bridge Co.West Virginia Supreme Court · 1909
- O'Neal v. MooreWest Virginia Supreme Court · 1916
- Kunst v. MabieWest Virginia Supreme Court · 1913
3Cited by3 opinions
- National Valley Bank v. United Fidelity & Guaranty Co.Supreme Court of Virginia · 1929
- McGinnis v. CaytonWest Virginia Supreme Court · 1984
- McGinnis v. CaytonWest Virginia Supreme Court · 1984