The times. [volume] (Richmond, Va.) 1890-1903, 1899-03-17
Land Company Wins.

/ The law and Equity Court of Rich
/ m0nd was reversed in the case OF the
/ Newport News. Hampton and Old Point
! Development Company VS.. The Newport
/ News street Railway Company. Judge
] Harrison wrote the opinion. Action was
| brought to recover on an alleged con
| tract of the plaintiff TO donate $500 in
money and thirty lots TO the Street Car
Company There was demurrer 10 the
! declaration, the general issue pleaded. n
I plea Of the statute Of limitations. and
two pleas setting up the statute Of
frauds. A jury was waived and the
whole matter Of law and fact submitted
90 the Court, ana judgment given for
the Street Car Company for 5000 and
interest.
The Court holds that the resolution Of
The directors OF the Land Company re-
lied ON as the evidence Of a written con-
tract clearly shows on its face that the
parties had not reached a final agree
meut After resolving 90 donate 81 500
the resolution provided that the lots be
selected by the executive committee and
the money paid out at such time as the
committee may agree with the repre-
scntatives Of the Street Car Company.
There being no complete and concluded
contract by writing the claim of the de-
fendant rests upon an oral contract and
action not having been brought within
three years the plea Of the State must
prevail-Code, sec 2g2. For these reasons
the lower court IS reversed and judg-
ment given for tine plaintiff.
The Summary.
Judge James Keith, president-Car-
ter Us. Commonwealth. Circuit Court
of the city OF Lynchburg Affirm
ed. y. & -. r. c. VS.. Board of Public
Works Circuit Court city of Richmond.
Affirmed
Judge r.. II. Cardwell.-Beatty VS. Bar
icy et ais. Corporation Court of Alex
andria. Decree amended and affirmed
Judge John \. Buchanan.-Cusse VS..
Brandt q Dunlop. trustees, etc Chan
Gerry Court city of Richmond. Affirmed.
judge Geo *, HarrisOn.-NeWport
News. Hampton d Old Point Dew {. IS.
Newport News Street Rwy. Co. Law
and Equity Court city Of Richmond. Re
VeTsed.
Riverside Cotton Mills VS. Green. Cor
poration court of Danville. Writ Of er-
ror and sup. Bond 1850.
Miller vs. Miller Circuit Court of
buckingham county. Appeal Bond 500.
West End Real Estate Co. W. Clai-
borne. Circuit Court city OF Richmond
Writ of error and sup. Bond 500
Duncan VS.. city Of Lynchburg Cor
poration Court city Of Lynchburg. Writ
Of error and sup. Bond 800
Peyton ot ais. VS. Parkinson ct ais.
Circuit Court OF Nottoway county. Ap-
peal and sup. No bond.
Engieman VS.. Englcman. Circuit Court
of Rockbridge. Appeal and sup. Bond
$1,000.
Munsey vs.. Bank OF Princeton Circuit
Court of Smythe county. Appeal refused
Stuart VS.. Mayo. Circuit Court Of
Westmoreand county Appeal refused.
Proctor vs. Commonwealth. County
Court OF FauQuler Writ Of error refused |
Bridgef0rth VS. Bridgeforth. Circuit |
Court Of Elizabeth city county. Appeal |
refused.
Barnes VS. Morrison Hastings Court |
city OF Roanoke Writ Of error and sup |
Bond 500
Rich. Union Pass Rwy. vs. r.. r. & |
= r. Co Petition 10 rchear. Petition |
refused.
Todd vs. Sykes Further arcued by |
Judge D. 4. Hinton and submitted.
Nelson vs.. Turner. Argued by j. =. |
Jcnries for appellant and Eppa Hunton. |
Jr.. for appellee and continued until to-
morrow.