Fretts v. Shriver
U.S. Circuit Court for the District of Northern West Virginia
In Equity. Suit by A. E. Fretts against Lee R. Shriver and others. On demurrer to bill.
1Opinion of the Court
DAYTON, District Judge.
Complainants on June 4, 1909, filed
their original bill in this court, asking specific performance of what they allege to have been a contract of sale to them by defendants of the Pittsburg or River vein of coal underlying a tract of 230 acres of land in Monongalia county, W. Va. Jurisdiction is not questioned by reason of diverse citizenship, but defendants have interposed a de*280murrer to the’ bill, alleging, among other things, the contract in controversy to have been an option and not a contract of sale, and that the terms of the option were not complied with by…
2Cases cited8 opinions
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- Tennant's Heirs v. FrettsWest Virginia Supreme Court · 1910
- Wilcox v. PrattNew York Court of Appeals · 1890
- Woodward v. ClarkMichigan Supreme Court · 1866
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