Nichols v. Cooper
West Virginia Supreme Court
George W. Cooper filed his bill in the circuit court of Mason county, in August, 1860, against John K. Nichols, asking for a specific performance of a contract. He alleged the sale of a certain tract of land in Mason county to the defendant, estimated to contain two hundred acres, but which upon actual survey contained two hundred and ninety-three acres, at the price of twenty-two dollars per acre. He admitted' certain payments made by the defendant at sundry times.
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George W. Cooper filed his bill in the circuit court of Mason county, in August, 1860, against John K. Nichols, asking for a specific performance of a contract. He alleged the sale of a certain tract of land in Mason county to the defendant, estimated to contain two hundred acres, but which upon actual survey contained two hundred and ninety-three acres, at the price of twenty-two dollars per acre. He admitted' certain payments made by the defendant at sundry times. He claimed that the contract was evidenced by a certain writing which he filed with the bill, and asked a decree for the sale of…
1Opinion of the Court
BROWN, President.
This was a bill to enforce specific performance of a contract for the purchase of laud. The land is described in a receipt given by the vendor to the vendee at the date of the contract, for part of the purchase money, the price per acre, viz: twenty-two dollars, and the quantity, viz: two hundred aeres more or less, are also stated in the same paper. The evidence in the case also shows that the tract is made up of two distinctive parcels, viz: the bottom land, with the growing crop of wheat on it, and the hill land in forest. These two parcels are shown to be of widely…
2Cases cited1 opinion
- Blessing's adm'rs v. BeattySupreme Court of Virginia · 1842
3Cited by15 opinions
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- Depue v. SergentWest Virginia Supreme Court · 1883
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