Legal Opinion

Clark v. Hutzler

Supreme Court of Virginia

Decided June 16, 1898PublishedCited by 10 opinions

Appeal from a decree of the Chancery Court of the city of Richmond, pronounced January 27, 1897, in a suit in chancery wherein the appellant was the complainant, and the appellee was the defendant.

1Opinion of the CourtHarrison, J.

This suit was instituted by W. B. Clark to enforce specific performance of a contract made by him, through his real estate agent, for the sale to H. S. Hutzler of a house and lot on Holly street, in the city of Richmond. Specific performance is resisted by Hutzler upon the ground that the title is doubtful, so doubtful, it is claimed, that a reasonably prudent man would not comply with his purchase in the event of a resale.

It appears that William Mitchell, by deed dated December 1, 1852, conveyed six lots, embraciug the one in question, to Thomas Barham, by such a description by points of the…

2Cases cited4 opinions

  1. Darling v. Cumming's Ex'orSupreme Court of Virginia · 1896
  2. State Savings Bank v. StewartSupreme Court of Virginia · 1896
  3. Christian v. CabellSupreme Court of Virginia · 1872
  4. Stanbrough v. GarrettSupreme Court of Louisiana · 1841

3Cited by10 opinions

  1. Madbeth, Inc. v. WeadeSupreme Court of Virginia · 1963
  2. Newberry v. FrenchSupreme Court of Virginia · 1900
  3. Sterling v. BlackwelderDistrict Court, E.D. Virginia · 1968
  4. Cogito v. DartSupreme Court of Virginia · 1945
  5. Hanna v. WilsonSupreme Court of Virginia · 1846

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