Legal Opinion

Rorer Iron Co. v. Trout

Supreme Court of Virginia

Decided June 16, 1887PublishedCited by 65 opinions

This is an appeal from a decree of the circuit court of Roanoke county, rendered March 28th, 1885, in the chancery cause wherein Jacob M. Trout and wife were complainants, and A. Lewis, M. P. Preston, E. G. McClanahan, J. C. Green, F. J. Chapman, F. Rorer, S. Coit, and Rorer Iron Company, defendants. The suit was instituted August 25th, 1882, against the two first named defendants only; the others having been made parties afterwards on the petition of said defendant company.

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This is an appeal from a decree of the circuit court of Roanoke county, rendered March 28th, 1885, in the chancery cause wherein Jacob M. Trout and wife were complainants, and A. Lewis, M. P. Preston, E. G. McClanahan, J. C. Green, F. J. Chapman, F. Rorer, S. Coit, and Rorer Iron Company, defendants. The suit was instituted August 25th, 1882, against the two first named defendants only; the others having been made parties afterwards on the petition of said defendant company. The object of the suit waB to annul a deed of lease executed by said Trout and wife on the twenty-ninth of April, 1881,…

1Opinion of the CourtRichardson, J.

1st. The first assignment of error is, that the bill attempts to set up a cotemporaneous parol agreement, essentially different from and in conflict with the written agreement which was signed and sealed by the parties, for which reason it is insisted the demurrer should have been sustained.

This assignment is clearly founded on a misconception, and is wholly untenable. The bill does not s.et up a different agreement from that contained in the deed of lease, but avers that the deed of lease was itself procured by fraudulent misrepresentations. These representations were of material things well…

2Cases cited16 opinions

  1. Smith v. RichardsSupreme Court of the United States · 1839
  2. Lamar's Ex'or v. HaleSupreme Court of Virginia · 1884
  3. New York Life Insurance v. FlackCourt of Appeals of Maryland · 1852
  4. Johnson v. ToulminSupreme Court of Alabama · 1850
  5. Russell v. LytleNew York Supreme Court · 1831

11 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Horton v. TyreeWest Virginia Supreme Court · 1927
  2. Texas Co. v. DavisTexas Supreme Court · 1923
  3. Wilson v. Carpenter's Adm'rSupreme Court of Virginia · 1895
  4. Daughetee v. Ohio Oil Co.Illinois Supreme Court · 1914
  5. Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900

60 more not listed; retrieve them via the Exa API.

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