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The Peesident. The condition of the bond was not performed by the partial delivery stated in the record, and, of course, the penalty became forfeited.
*354 The judgment must, therefore, be reversed, and the cause remitted to the District Court, to proceed to judgment on the bond, allowing credit for any money which may be proved to have been paid to the appellants, or to have been raised by the sale of any part of the wheat delivered.Judgment reversed.
Document Info
Citation Numbers: 1 Va. 353
Judges: Peesident
Filed Date: 10/15/1794
Precedential Status: Precedential
Modified Date: 10/18/2024