Reid v. Field

Citations

• 83 Va. 26
• 1 S.E. 395
• 1887 Va. LEXIS 34

Syllabus

<p>1. Contracts&emdash;Breach&emdash;Substituted Performance&emdash;Subsequent Note&emdash; Waiver.&emdash;Where one who is entitled to strict performance of contract for delivery of a purchased article, at a given day, accepts at a later day a delivery of said article, as by substituted performance, and gives his note subsequently for the price, he must be held to have waived the original breach.</p> <p>2. Idem&emdash;Plea&emdash;Demurrer.&emdash;In such case, his plea to action on said note, setting up the original breach as his defence, is insufficient in law.</p> <p>3 Practice at Common Law.&emdash;In such case, in the lower court, the demurrer to the present plea having been sustained, permission will be given to defendant to file a new plea. Cromer v. Cromer, 29 Gratt. 280.</p>