Legal Opinion

Ballinger v. Price

Virginia Circuit Court

Decided September 1, 1959Published

1Opinion of the Court

By JUDGE ELLIOTT MARSHALL

This case involves a controversy between the purchaser and vendor of a valuable farm in Clarke County.

In 1949 the complainant and Clifton E. Price, the defendant's decedent, executed a written contract for the purchase of the farm by the complainant. The contract recited that the tract contained "600 acres, more or less," and that the sale was to be "by the acre," the purchase price being "$90.00 per acre."

The following paragraph was included in the contract:

It is further understood and agreed that the purchaser is to have a survey made of the property to be conveyed…

2Cases cited3 opinions

  1. Wilson v. . RandallNew York Court of Appeals · 1876
  2. Castleman's Adm'r v. CastlemanWest Virginia Supreme Court · 1910
  3. Mobley v. HarrellCourt of Appeals of Georgia · 1913

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