Ashby v. Dumouchelle

40 S.E.2d 493, 185 Va. 724, 1946 Va. LEXIS 248
CourtSupreme Court of Virginia
DecidedNovember 25, 1946
DocketRecord No. 3104
StatusPublished
Cited by32 cases

This text of 40 S.E.2d 493 (Ashby v. Dumouchelle) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashby v. Dumouchelle, 40 S.E.2d 493, 185 Va. 724, 1946 Va. LEXIS 248 (Va. 1946).

Opinion

Spratley, J.,

delivered the opinion of the court.

This is a suit brought by Napoleon Dumouchelle against Mrs. Willie R. Ashby for the specific performance of a written contract for the sale of land. The contract dated June 5, 1942, in consideration of a cash payment of $25, gave the plaintiff the exclusive right or option to purchase at any time within two years of its date, land described as follows:

“All that certain tract of land situate in Matoaca District, Chesterfield County, Virginia, which is bounded on the east by a strip of land owned by the State Highway Department; on the south by Fred Pilcher’s property, on the west by Swift Creek and on the north by property now or formerly belonging to Marie Thompson and being the property [726]*726owned by Willie R. Ashby which lies between the strip of land owned by the State Highway Department and Swift Creek.”

The full consideration for the land was stated as $1500, “payable upon reasonable terms to be agreed upon at the i-imp. of the exercise of the option to purchase,” less a credit of $25, the sum paid for the option.

The following roughly sketched plat will show the land involved, and make clearer the contention of the parties:

[727]*727

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Bluebook (online)
40 S.E.2d 493, 185 Va. 724, 1946 Va. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashby-v-dumouchelle-va-1946.