Ferguson's Adm'r v. Wills

Citations

• 88 Va. 136
• 13 S.E. 392
• 1891 Va. LEXIS 13

Syllabus

<p>1. Personal Representatives — Intestate’s Contract — Notice—Case at bar. — In his life-time intestate employed IV. to build a oliurch. Soon after it was commenced, administrator notified W. to desist, and that if he completed the church, it would be at his own risk;</p> <p>Held :</p> <p>The notice was void of all legal effect.</p> <p>2. Idem — Guaranty—Sub-letting Contract. — Church trustees guaranteeing IV. against all loss and his sub-letting the work to another;</p> <p>Held :</p> <p>No bar to recovery on the original contract.</p> <p>3. Practice at Common Law — Instructions.—It. is a settled rule that when an instruction is given which covers the case and properly submits it to the jury, it is not error to refuse to give another, even though in point of law it is correct.</p> <p>4. Appellate Practice — Record—Bill of Exceptions. — Where instruction is not made part of record by bill of exception, action of court below concerning it cannot be reviewed here.</p> <p>5. Idem — Motion for Neir Trial. — Same rule prevails where court below overrules motion for new trial on the ground the verdict is contrary to the evidence, and all the evidence is not certified.</p>