Wendlinger v. Smith
Supreme Court of Virginia
The questions in this case arose in a suit in equity in the chancery court of the city of Richmond, brought by C. R. and P. H. Smith, to enforce a deed of trust which had been executed by C. Wendlinger, conveying a lot with the buildings thereon to a trustee to secure certain notes which said Wendlinger had made to the plaintiffs.
Read the full summary
The questions in this case arose in a suit in equity in the chancery court of the city of Richmond, brought by C. R. and P. H. Smith, to enforce a deed of trust which had been executed by C. Wendlinger, conveying a lot with the buildings thereon to a trustee to secure certain notes which said Wendlinger had made to the plaintiffs. It appears that in May, 1865, Wellington Goddin, as executor of Seymour P. Vial, leased to Charles J. Meyers, for ten years, the lot on Bank street, and also a lot adjoining it on Main street, both of which was then without improvements, and it was one of the terms…
1Opinion of the CourtBurks, J.
The contract of June 26, 1873, between Goddin, as executor of Yial, of the one part and the appellant Wendlinger of the other, for the sale by the former to the latter of certain real estate in the city of Richmond, is the subject of controversy in this case. The contention in the court below was, by the executor that the contract was a valid subsisting obligation, and should be enforced, and by Wend-linger that it was subject to a condition which, never having been performed, the contract never took effect.
By the decree appealed from the chancellor decided that the contract was binding on…
2Cases cited3 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Ward v. ChurnSupreme Court of Virginia · 1868
- Nash v. FugateSupreme Court of Virginia · 1880
3Cited by17 opinions
- Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
- Creveling v. BantaSupreme Court of Iowa · 1908
- Shelby v. TardySupreme Court of Alabama · 1887
- Koester v. Northwestern Port Huron Co.South Dakota Supreme Court · 1910
- Star Grocery Co. v. BradfordWest Virginia Supreme Court · 1912
12 more not listed; retrieve them via the Exa API.