The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-16

H -,
erred in ruling that there was no eVl-
dence adduced to make out the case
cited in the instruction asked LOT, TO
the effect that the, defendants were re-
quired to act fairly in determining
whether the rock was satisfactory ana
that in considering this point the jury
Should weigh the evidence as 70 2 LUG
quality of the rock. :.
AS to the question OF acceptance IL
was held that the right to recover couid
not be defeated by the arbitrary ana
unreasonable declaration of the de1eno-
ant that the rock was not satisiactois,
but that good faith should nave been
shown in testing same and reporting
it not satisfactory.
For the reasons above clted ana olhels
Of q similar character, the judgment
was reversed. the verdlct was Sc. tS;a1
and the case remanded Tor new 'iiai'
TO he had in accordance with the dl-
rections in this opinion.
pJSTpI BUTTON OF THE ESTATE.
T'riplett ct ais. VS.. Woodward SAo
TRAITOR. Opinion by Judge Buchanan.
Appealed from Circuit Court tor Lou LOU
doun county.
The appellants demurreu .o .ts ~ rs,a
the ground that it was multifarious. Inc
demurrer was oyerruled, and that ruilnS
is assigned as error.
The Court Of Appeals held tha1 the
decree appealed from must be reversed
so far as it holds that G. A. Seaton was
a proper party to the suit and passes
l1pon his rights in any manner, and the
bill as to him must be dismissed
In all other respects the decree was,
| affirmed
! CANCELLATION OF CONTRACT
| Home Building and Conveyance Com
| pany KS. R. W. London ct ais. Opinion
! by Judge Keith Appealed drom CIR
cult Court of Roanoke City.
| Maggie IL. Plumley, through her nus
/ band, entered into "a contract with the
| plaintiff in error for the purchase of a
| certain lot. After she had taken pos
| session and the deed had been executed
! she discovered that THE company owned
|. only a portion of the lot which ut had
| conveyed to her. She at once called upon
the company to make her title good.
| which it failed to do and she then de-
i nranded the cancellation OF the contract
| and deed which it had made and the
return TO her of the money she mad paid
This court afiir1ns the decree of the
! trial court, which held that under the
! circumstances Maggie e. Plumaey was
| entitled to a cancellation of her contract,
| deed and bonds and a restoration OF the
/ purchase money she had paid
| INDIVIDUAL: AND PARTNERSHIP
| DEBTS.
| NI. N1illhiser & Co VS.. Mckinley, Bar
clay & Co. ct al Opinion by Judge
! Riley. Appealed from Circuit Court OF
Patrick County.
1t was held that the Circuit Court d a
( mo err in overrulingf the motion of the
, conlpla3na nts to refer the case to one IF
its commissioners for accounts to be tax
en-. The main object of the reference
! seems to have been to ascertain which II
the debts secured in the deed of assign.
ment were firm debts or debts of the Ia
dividuals. 4
J The character of these debts is put in
/ issue by the proceedings. The court sa d:
san order of reference is not to be mad :
for the purpose TO enable a plaintiff to
\ make out his case 1t should not be made
! for the purpose OF furnishing evidence
! in support of the allegations in the D IL
not until he has the right to demands1t
IT was also held to be no error in up
holding the deed of assignment made by
/ John II. fRangeley. Jr., and A. j. Range
I ley to secure the creditors therein named.
j The decree of the Tower court Is con-
4 firmed.
CONSTRUCTION OF A WILL.
/ Peyton's Admir-. Us. Parkinson. Opinion
by Judge Cardwell. Appealed from CIR
| cult Court of Nottoway.
The decision of this case rests upon the
construction of the will OF David G WI
liams. who owned large interests in lands,
l stores, etc.
The Court of Appeals said = We are OF
the opinion that Virgini1,s r. Williams
took under the will of his father, David
G. Williams. fee sample estate in the
lands devised 10 him, and an absolute es-
tate in the personality beaueathed him
and this being the construction placed
upon the will by the Circuit Court pc
low, its decree must be affirmed.
! THE SUMMARY. ss3 I
Judge James Keith. p:
Vashion's executrix vs.. vashon ct ais.
Law and Equity Court Of the citylof Rich
i mond. Affirmed.
Home Building and Conveyance Co.: VS..
London and ais: Circuit Court Of Roanoke
i city Affirmed . s.
Oetersv Supreme Lodge. Knights Of
Honor. Law and Equity Court of the
city Richmond rs Attirmed.
Judge John W !. Rely: W..
MillhIser & Co. VS. Mckinley, Rangeley
i g. Go. Circuit Court of Patrick county
Il Affirmed.
Fischer vs.; Lee ct ais. ehancers Court
3, of the city of Richmond. Affirmed.
y SRs5T4 "a ri vel