Lathrop v. Columbia Collieries Co.

BobiNSON, Judge:

Lathrop sued the Columbia Collieries Company and the Southwest Virginia Trust Company for the specific performance of a contract between him and the Trust Company. On demurrer, the court dismissed his bill as insufficient. He has appealed. .

We deem it essential to recite some material portions of the contract:

“Witnesseth: That the party of the first part owns and controls the property hereinafter described and covenants, and agrees, in consideration of one thousand dollars ($1000) paid by the party of the second part to the party of the first part this day, the receipt of…