Ferguson's Adm'r v. Wills
Supreme Court of Virginia
Error to judgment of circuit court of Roanoke county, rendered October 10th., 1888, in an action of covenant wherein William L. Wills was plaintiff, and Henry S. Trout, administrator of I. M. Ferguson, deceased, was defendant. Verdict and judgment were for plaintiff, and defendant brought the ease here on writ of error and supersedeas.
1Opinion of the Court
Lewis, R,
delivered the opinion of the court.
The action was upon a sealed contract entered into on the 5tli of March, 1881, between the defendant’s intestate and Wills, for the erection of a church, in the then town of Big-Lick, on a lot thereafter to be selected by the congregation or trustees of the church. The stipulated price for the work -was $1,962.70. Ferguson died about the first of April thereafter, and the defendant qualified as hig administrator.
The site was not selected until nearly a year after the date of the contract, soon after which the work was commenced. Shortly thereafter,…
2Cases cited4 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Fry v. LeslieSupreme Court of Virginia · 1891
- Central Lunatic Asylum v. FlanaganSupreme Court of Virginia · 1885
- McArter v. GrigsbySupreme Court of Virginia · 1887
3Cited by12 opinions
- Wytheville Ins. & Banking Co. v. TeigerSupreme Court of Virginia · 1893
- McDonald's Adm'r v. Norfolk & Western RailroadSupreme Court of Virginia · 1897
- West v. Richmond Railway & Electric Co.Supreme Court of Virginia · 1904
- American Bonding & Trust Co. v. MilsteadSupreme Court of Virginia · 1904
- Chamberlaine v. Marsh's AdministratorSupreme Court of Virginia · 1819
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