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DUKE v. TOBIN

96 S.E.2d 758 (1957)

198 Va. 758

William T. DUKE v. Lemuel C. TOBIN.

Supreme Court of Appeals of Virginia.

March 11, 1957.

Attorney(s) appearing for the Case

Lytton H. Gibson, Falls Church (William B. Hix, William H. Hansbarger, Gibson & Hix, Falls Church, on the brief), for appellant.

William C. Bauknight, Fairfax, for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, WHITTLE and SNEAD, JJ.

EGGLESTON, Justice.

William T. Duke filed a bill in equity in the lower court against Lemuel C. Tobin praying for specific performance of a contract which reads thus:

"February 7, 1955

"I Lemuel C. Tobin do agree to sell my farm to W. M. T. Duke for six hundred dollars per acre to be showed by a survey to show acreage of it. The W. M. T. Duke to comply with this agreement within forty days...

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