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BOGGS v. DUNCAN

121 S.E.2d 359 (1961)

202 Va. 877

Clarence W. BOGGS and Kathleen Boggs v. Percy L. DUNCAN.

Supreme Court of Appeals of Virginia.

September 8, 1961.

Attorney(s) appearing for the Case

E. Jackson Boggs, Huntington, W. Va. (George F. Abbitt, Jr., Appomattox, William F. Watkins, Jr., Farmville, on brief), for plaintiffs in error.

William R. Blandford, Powhatan (J. Taylor Williams, Cumberland, Leslie L. Mason, Jr., Powhatan, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON, and CARRICO, JJ.

EGGLESTON, Chief Justice.

Clarence W. Boggs and Kathleen Boggs, his wife, sometimes hereinafter called the plaintiffs, filed their motion for judgment against Percy L. Duncan, sometimes hereinafter called the defendant, to recover damages for the alleged breach of a contract whereby the plaintiffs sold to Duncan certain timber which he agreed to cut and remove within a specified time and to pay the plaintiffs therefor. The defendant, Duncan, filed a general denial...

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