Campbell v. Rust
Supreme Court of Virginia
Appeal from decree of circuit court of Page county, entered April 23d, 1887, in the chancery cause wherein B. O. Rust was complainant, and Walter Campbell and others were defendants.
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Appeal from decree of circuit court of Page county, entered April 23d, 1887, in the chancery cause wherein B. O. Rust was complainant, and Walter Campbell and others were defendants. It appears from the voluminous record that previous to November 14th, 1885, Rust had an arrangement to deliver to the Shenandoah Iron Company, at his siding on the Shenandoah Valley railroad, from his two banks, “the Amelia, or No. 1,” and “the Strickler, or No. 2,” iron ore at $1.75 per ton of 2,240 pounds, and that he had failed to realize profit at the' business. On the 14th of November, 1885, he made with…
1Opinion of the CourtRichardson, J.
(after stating the case), delivered the opinion of the court.
At the threshold we are met by the question which is raised by the demurrer and the motion to dismiss the bill at the hearing. The enquiry is whether or not this is actually a mere suit for damages under the guise of a suit based on undoubted equitable grounds. The bill prays that “ Campbell be compelled to specifically perform the contract of lease and pay to the complainant the money now due him with interest, and to pay him the several sums of money which may hereafter become due under said contract of lease; * * * and that if…
2Cases cited2 opinions
- Parrish v. CommonwealthSupreme Court of Virginia · 1884
- Nagle v. NewtonSupreme Court of Virginia · 1872
3Cited by16 opinions
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- In re Chinese Drywall CasesNorfolk County Circuit Court · 2010
- Witz, Beidler & Co. v. Mullin's Personal RepresentativeSupreme Court of Virginia · 1894
- Goddin v. Bland & Bro.Supreme Court of Virginia · 1891
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