Hoover v. Calhoun
Supreme Court of Virginia
This was a bill for the specific performance of a contract for the sale of land filed in April, 1858, in the Circuit court of Augusta county, by Margaret S. Calhoun and others against Henry B. Hoover.
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This was a bill for the specific performance of a contract for the sale of land filed in April, 1858, in the Circuit court of Augusta county, by Margaret S. Calhoun and others against Henry B. Hoover. It appears that in April, 1857, George A. Calhoun, the husband of the plaintiff Margaret S. and the father of the other plaintiffs, entered into a written contract with the defendant, by which Calhoun sold to Hoover his property in and around West View, consisting of a brick house upon a lot of ground containing seven acres and twenty poles in the town of West View, and a lot of land on the…
1Opinion of the CourtRobertson, J.
The question presented for decision in this .case is, whether a wife has a right, after the death of her husband, who has contracted for the sale of her land, describing it as his, to enforce specific performance by the purchaser, for her own benefit.
*49It is admitted that she is not bound by the agreement; and it is also admitted to be the general rule that specific performance will not be enforced unless the contract is mutually obligatory. But it is insisted that she has a right to adopt the contract of her husband, and that by filing her bill asking for its specific execution, she makes the…
2Cited by9 opinions
- Max Meadows Land & Improvement Co. v. BradySupreme Court of Virginia · 1895
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Nalle v. FarishSupreme Court of Virginia · 1900
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Stearns v. BeckhamSupreme Court of Virginia · 1879
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