Minnick v. Williams

Citations

• 77 Va. 758
• 1883 Va. LEXIS 112

Syllabus

<p>1. Practice at Common Law-Debt-Obligor, by writing obligatory dated October 4th, 1869, binds himself to pay obligee in monthly instalments, to commence from that day, $350 either in goods at regular prices, or in current money; and at the times the amounts are payable, neither delivers the goods at regular prices, nor pays the money.</p> <p>Held:</p> <p>This is an obligation to pay money, with the privilege to the obligor to discharge the money obligation by the delivery of the goods at regular prices in equal amount, on or before the time of payment; and the obligor, failing within that time either to pay the money or so to deliver the goods, is liable to an action of debt thereon. Crawford v. Daigh, 2 Va. Ca. 521.</p>