Witz, Beidler & Co. v. Mullin's Personal Representative

Citations

• 90 Va. 805
• 20 S.E. 783
• 1894 Va. LEXIS 71

Syllabus

<p>1. Equitable Belief — Breach of contract.- — A claim for damages for a breach of contract to do some collateral thing, is not a fit subject for the jurisdiction of a court of equity.</p> <p>2. Idem — Trust deed — Remedy.—Where suit is brought to enforce a deed of trust whereby are secured “ all the debts and liabilities of certain firms and of the individuals composing them ’ ’: held, no claim merely sounding in damages for breach of contract to deliver shares of stock, ought to be taken cognizance of by a court of equity, but the claimants should be left to their remedy at law.</p> <p>3. Cases Compared. — Nagle v. Newton, 22 Gratt., 814, and Campbell v. Rust, 80 Va., 653, compared with and distinguished from the case at bar.</p>