Buena Vista Co. v. McCandlish
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond. Error to a judgment of the Circuit Court of Rockbridge county, rendered September 16, 1892, in an action of assumpsit, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant.
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Argued at Staunton. Decided at Richmond. Error to a judgment of the Circuit Court of Rockbridge county, rendered September 16, 1892, in an action of assumpsit, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant. This was an action of assumpsit to recover $5,000, paid by the plaintiffs to the defendant on a contract for the purchase of a hotel, which the' defendant contracted to erect according to certain plans and specifications. The plaintiffs alleged that the hotel had net been built according to the plans and specifications, and so refused to…
1Opinion of the CourtHarrison, J.
The Buena Yista Company sold to McCandlish & Clowes fourteen acres of land at Buena Yista, and a hotel then in process of erection upon said land, for the sum of $125,000, of which $5,000 was paid in cash, $20,000 to be paid when the hotel was completed, and the residue to he paid in four equal annual instalments. The contract of sale, which was in writing, and signed by the Buena Yista Company, but not by McCandlish & Clowes, provided that the hotel should be completed according to certain plans and specifications, which were made part of the contract. The sixth clause of the contract is as…
2Cited by14 opinions
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- National Surety Co. v. CommonwealthSupreme Court of Virginia · 1919
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