Legal Opinion

Starcher Bros. v. Duty

West Virginia Supreme Court

Decided February 19, 1907PublishedCited by 35 opinions

Appeal from Circuit Court, Lincoln County. Action by Starcher Bros, against Jeff Duty and others. From a decree in favor of defendants, plaintiffs appeal.

1Opinion of the Court

Miller, Judge:

The plaintiffs below have appealed from the decree of the circuit court of Lincoln county, denying them the specific execution of an option contract for the sale and purchase of a tract of 170 acres of land. The court below, by its decree of December 8, 1905, denied the relief prayed for, dissolved the injunction awarded, and dismissed the plaintiffs’ bill.

The contract, dated April 5, 1902, was signed by Jeff Duty and Elizabeth, his wife, by their marks, and was acknowledged before Philip Hager, Jr., a notary public, April *3757, 1902. The contract acknowledges a consideration of…

2Cases cited5 opinions

  1. Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
  2. Lowther Oil Co. v. GuffeyWest Virginia Supreme Court · 1902
  3. Rease v. KittleWest Virginia Supreme Court · 1904
  4. Brush v. BeecherMichigan Supreme Court · 1896
  5. Vose v. Eagle Life & Health InsuranceMassachusetts Supreme Judicial Court · 1850

3Cited by35 opinions

  1. Keogh v. PeckIllinois Supreme Court · 1925
  2. Barton v. ThawSupreme Court of Pennsylvania · 1914
  3. West Virginia - Pittsburgh Coal Co. v. StrongWest Virginia Supreme Court · 1947
  4. Turner v. PeacockSupreme Court of Georgia · 1922
  5. C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921

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