Patrick v. Horton
West Virginia Supreme Court
This cause arose in Mason county in May, 1866. The point on which the ease was decided here was that the contract of sale as alleged in the bill was not fully established by the proof; that even if established as alleged i-t must be done by the testimony of more than one witness, where there were no corroborating circumstances, to contradict the answer.
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This cause arose in Mason county in May, 1866. The point on which the ease was decided here was that the contract of sale as alleged in the bill was not fully established by the proof; that even if established as alleged i-t must be done by the testimony of more than one witness, where there were no corroborating circumstances, to contradict the answer. But one witness proved anything in relation to the contract, whose testimony this court held did not establish the terms of contract, which was not in writing, as alleged in the bill. It is, therefore, not thought necessary to state any of the…
1Opinion of the CourtMaxwell, J.
Horton filed his bill in the circuit court of Mason county for the specific execution of an alleged contract for the purchase of a house and two lots in the town of Mason, in the said county, charged to have been sold by *24Lovell to the said Iiorton. The bill also prays that a conveyance of the said property made by the said Lovell to Patrick may be set aside on the ground that it was made without consideration and with a full knowledge on the part of Patrick of the contract between Horton, and Lovell. To which.bill the defendant Lovell filed his answer, denying the contract charged in the bill…
2Cited by9 opinions
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- Hissam v. ParrishWest Virginia Supreme Court · 1896
- McCully v. McLeanWest Virginia Supreme Court · 1900
- Baldenberg v. WardenWest Virginia Supreme Court · 1878
- Gillaspie v. JamesWest Virginia Supreme Court · 1900
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