Ellis & Meyers Lumber Co. v. Hubbard
Supreme Court of Virginia
Appeal from a, decree of the Circuit Court of Russell county. • Decree for complainants. Defendant appeals.
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The questions raised by the assignments of error will be considered and passed upon in their order as our conclusions axe stated below.
1. The contract involved in this cause, when made, was an executory contract of sale of lumber conditionally—the lumber at the time of the contract not being in existence. The subject of the contract, therefore, was not specific at that time, and the conditions specified in the contract being unperformed, the contract, with respect to all of its conditions was entirely…
2Cases cited14 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- United States v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1910
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
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3Cited by38 opinions
- Geoghegan Sons & Co. v. Arbuckle Bros.Supreme Court of Virginia · 1924
- Southern Biscuit Co. v. LloydSupreme Court of Virginia · 1940
- Raymond, Colesar, Glaspy & Huss, P.C. v. Allied Capital CorporationCourt of Appeals for the Fourth Circuit · 1992
- Royer v. Board of County SupervisorsSupreme Court of Virginia · 1940
- Case v. ShepherdWest Virginia Supreme Court · 1954
33 more not listed; retrieve them via the Exa API.