Rogers v. Pattie
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Roanoke city pronounced March 16,1897, in a suit in chancery, wherein the appellee was the complainant, and the appellants and another were the defendants.
1Opinion of the CourtBuchanan, J.
*499The record does not show that the contracts sought to be rescinded in this case were procured by fraud, but it does show that the contract for the purchase and sale of one of the parcels of land, viz. section 17, was entered into under a mutual mistake as to one of its boundary lines, that the mistake was in a matter which was a material part of the thing contracted for, and that the vendee is entitled to relief in some form or other.
Where the contract is executory, it is now well settled in this State, that the mutual mistake of the parties in a matter which is part of the essence of the…
2Cases cited3 opinions
- Hull v. WattsSupreme Court of Virginia · 1897
- Boschen's v. Jurgens'sSupreme Court of Virginia · 1896
- Blessing's adm'rs v. BeattySupreme Court of Virginia · 1842
3Cited by12 opinions
- International Realty Associates, Inc. v. McAdooSupreme Court of Florida · 1924
- Lee v. LapradeSupreme Court of Virginia · 1907
- Home Building & Conveyance Co. v. LondonSupreme Court of Virginia · 1900
- Wickham & Northrop v. Richmond Standard Steel, Spike & Iron Co.Supreme Court of Virginia · 1907
- Prudential Investment & Development Co. v. HiltonSupreme Court of Georgia · 1922
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