Edichal Bullion Co. v. Columbia Gold Mining Co.

Citations

• 87 Va. 641
• 13 S.E. 100
• 1891 Va. LEXIS 116

Syllabus

<p>1. Specific Performance—Sales of realty—Case at bar.—Bills for specific performance of contracts for sale of land must' show that there were concluded between the parties written and signed contracts that are reasonable, and clear, and definite both as to terms and subject matter,, ' and mutual in obligation and remedy; and the same must be proved as alleged. In the case here, these essentials are lacking.</p> <p>2. Contracts—Terms proposed.—If offer be upon payments at certain times. and party selling requires shorter times, there is no contract, and offerer is not bound.</p> <p>3. Equitable Relief—-Variance—Case at bar.—Where bill expresses desire that, if corporation is not bound by the purchase alleged, then, in that event, the court shall hold the individual corporators liable, and the decree is against both corporation and individual corporators: held, error, because decree must be on the case made by the pleadings, although the evidence may show a right to a further decree. Mundy v. Vawier, 3 Gratt., 494.</p> <p>4. Principal and Surety—No individual liability can attach to incorporators as sureties on a contract which does not bind the corporation. '</p> <p>5. Non-Residents— Personal decrees.—Where non-resident defendants are not served with process, and do not in any way appear, the fact that they gave their depositions in the cause, does not warrant a personal decree against them.</p>