Lee v. Patillo
Supreme Court of Virginia
Appeal from decree of the Circuit Court of Hottoway county. Decree for defendant. Complainant appeals. The main defense relied upon by the defendant was that the contract in suit was a mere option contract; that no provision was made for his compensation in any other way than by selling at an advance.
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Appeal from decree of the Circuit Court of Hottoway county. Decree for defendant. Complainant appeals. The main defense relied upon by the defendant was that the contract in suit was a mere option contract; that no provision was made for his compensation in any other way than by selling at an advance. He denied most emphatically that he was the agent of the complainant, or that he had ever made any statement to him that was in any sense untrue, so far as he knew, or that he had, at any time made any statement for the purpose of deceiving and defrauding the complainant. He says that he…
1Opinion of the Court
Whittle J.,
delivered the opinion of the court.
This appeal is from a decree dismissing the bill in a suit in equity brought by the appellant against the appellee to rescind a contract on the ground of fraud in its procurement.
The contract bears date June 24, 1904, and by its terms the plaintiff conferred authority upon the defendant to “buy *13or sell” tire standing timber upon a tract of 844 acres of land,, situated in ISTottoway county, for $1,200, to be paid within, thirty days from the date of the contract.
The circumstances which led up to and induced the plaintiff to execute the contract…
2Cases cited5 opinions
- Wilson v. Carpenter's Adm'rSupreme Court of Virginia · 1895
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Central Land Co. v. ObenchainSupreme Court of Virginia · 1895
- Chewning & Sands v. WilkinsonSupreme Court of Virginia · 1898
- Jackson v. PleasantonSupreme Court of Virginia · 1898
3Cited by1 opinion
- Duncan v. BarbourSupreme Court of Virginia · 1948