Farrier v. Reynolds
Supreme Court of Virginia
Appeal from decree of circuit court of Craig county, rendered 17th October, 1890. The bill in this cause was filed in February, Í890, by the appellant, R. ~W. Farrier, against the appellee, R.- C. Reynolds, and others, to compel specific performance by the said appellee of a contract made by him for the purchase of the land of the appellant, known as the “ Duncan Farm,” at the price ■of |1,300. The appellee answered, admitting the purchase of this land at the price stated,…
Read the full summary
Appeal from decree of circuit court of Craig county, rendered 17th October, 1890. The bill in this cause was filed in February, Í890, by the appellant, R. ~W. Farrier, against the appellee, R.- C. Reynolds, and others, to compel specific performance by the said appellee of a contract made by him for the purchase of the land of the appellant, known as the “ Duncan Farm,” at the price ■of |1,300. The appellee answered, admitting the purchase of this land at the price stated, but alleging that the land had fallen off more than one-fourtli in quantity upon a survey, and claiming an abatement of…
1Opinion of the Court
Lacy, L
(after stating the case, as aforesaid), delivered the opinion of the court.
The question we have to decide is, Was this a sale in gross of a tract of land by the boundaries, at a hazard as to quantity, or was it, as the circuit court decided, a contract for a sale by the acre ? It is evident that there was no agreement to buy by the acre, and the purchase-price cannot be evenly divided by the number of acres.
It is proved that there is a deficiency. If it is a sale by the acre, then the purchaser is clearly entitled to an abatement. *145En the recent case, of Trinkle v. Jackson, 86 Va. 241,…
2Cases cited2 opinions
- Yost v. Mallicote's Adm'rSupreme Court of Virginia · 1883
- Trinkle v. JacksonSupreme Court of Virginia · 1889
3Cited by8 opinions
- Speedway Enterprises, Inc. v. HartsellArizona Supreme Court · 1952
- Emerson v. StrattonSupreme Court of Virginia · 1907
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Huffman v. LandesSupreme Court of Virginia · 1934
- Hanna v. WilsonSupreme Court of Virginia · 1846
3 more not listed; retrieve them via the Exa API.