Rorer Iron Co. v. Trout
Supreme Court of Virginia
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…
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