White v. Dobson
Supreme Court of Virginia
This was a suit for the specific performance of a contract for the sale of two tracts of land in the county of Gloucester, brought by Samuel C. White, of York county, against William Dobson and Joel Hayes. The subpoena was issued and served on the 4th of March, 1859. The plaintiff in his bill stated that on the 20th of January, 1859, he had entered into an agreement with Wm.
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This was a suit for the specific performance of a contract for the sale of two tracts of land in the county of Gloucester, brought by Samuel C. White, of York county, against William Dobson and Joel Hayes. The subpoena was issued and served on the 4th of March, 1859. The plaintiff in his bill stated that on the 20th of January, 1859, he had entered into an agreement with Wm. Dobson, under the hands and seals of the parties, by which Dobson had sold to the plaintiff two tracts of land in the county of Gloucester, upon terms which he sets out. That the plaintiff had at all times been willing…
1Opinion of the CourtJoynfs, J.
The court is of opinion that there is no sufficient evidence that the appellant, before the filing of his bill in this case, received notice, as allegéd in the answer of the ap-pellee William Dobson, of the willingness of the said ajjpellee to fulfill on his part, the contract in the bill mentioned. And as the said appellee had notified the appellant of his intention not to .fulfill the said contract, the court is further of opinion that the appellant was entitled to file his bill for a specific execution of the said contract without making a tender to the said appel-lee of the securities…
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