Rawlings's Administrator v. Duvall
General Court of Virginia
F" THIS was an action of debt upon a bond dated the 3d of December, 177T, and conditioned that the defendant would observe and perform the covenants, &c. mentioned in an indenture or assignment of lease, bearing date on the same day, and executed by and between the plaintiff’s intestate and the defendant.
Read the full summary
F" THIS was an action of debt upon a bond dated the 3d of December, 177T, and conditioned that the defendant would observe and perform the covenants, &c. mentioned in an indenture or assignment of lease, bearing date on the same day, and executed by and between the plaintiff’s intestate and the defendant. The defendant pleaded general performance; and the plaintiff replied, nonperformance, and set forth the indenture, or assignment of a lease, that the sum of 1800 was due for rent, and breach in nonpayment, &c. Rejoinder, payment and issue joined. The plaintiff at the trial produced and read…
1Opinion of the Court
Goedsborotjghj Ch. J.(b) The court are of opinion that the contract between the plaintiff’s intestate and the defendant does not come Within the act of assembly of October session 1780, ch. S, and is not operated upon or effected thereby.
The court are also of opinion, that in and by the paper or lease above mentioned, the defendant for all rents remaining due and unpaid, stands liable for, and is hound to the plaintiff in the Same manner, and for the *3same sums, and for the same kind of money which the plaintiff’s intestate in his lifetime, or his ad minisiratrix since his death, or the…
2Cited by1 opinion
- Consumers' Ice Co. v. William H. H. Bixler & Co.Court of Appeals of Maryland · 1896