Minnick v. Williams
Supreme Court of Virginia
Error to judgment of circuit court of Rockingham county, rendered October 28th, 1881, in an action of debt wherein William Minnick for &c., was plaintiffs, and Samuel 0. Williams was defendant.
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Error to judgment of circuit court of Rockingham county, rendered October 28th, 1881, in an action of debt wherein William Minnick for &c., was plaintiffs, and Samuel 0. Williams was defendant. The action was brought on the following writing obligatory: “Article of agreement made and entered into this 4th October, 1869, by and between William Minnick of the first part, and Williams & Slaymaker of the second part, whereby the said Min-nick agrees to let to said Williams & Slaymaker the store-room and cellar in the hotel building at Broadway station, Orange, Alexandria and Manassas railroad,…
1Opinion of the Court
Lacy, J.,
delivered the' opinion of the court:
The appellee insists, for ground of demurrer, that an action of debt will not lie upon the contract above recited, because it was not a contract to pay a sum of money certain, but was an agreement to pay money or “goods at regular prices.”
The appellant insists that when a person contracts, in the alternative, to do one of two things by a given day, he has, *760until the day is past, the right to elect which of them he will perform; but if he suffers the day to elapse without performing either, his contract is broken, and his right of election is lost.
Th…
2Cases cited1 opinion
- Butcher v. CarlileSupreme Court of Virginia · 1855
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