Thompson's ex'or v. Guthrie's adm'r
Supreme Court of Virginia
This was an action for breach of covenant, brought in the circuit court of Augusta, as early as October 1817, by John Guthrie against Robert Thompson; and both parties having died pending the suit, it was revived in the name of Guthrie’s administrator against Thompson’s executor.
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This was an action for breach of covenant, brought in the circuit court of Augusta, as early as October 1817, by John Guthrie against Robert Thompson; and both parties having died pending the suit, it was revived in the name of Guthrie’s administrator against Thompson’s executor. The declaration set forth a covenant of Thompson to and with Guthrie, dated in September 1786, whereby Thompson covenanted to sell Guthrie a parcel of land within certain boundaries therein described, containing 50 acres, more or less, for £ 50. and to make him a title to the same, upon his paying the purchase money;…
1Opinion of the CourtParker, J.
I am of opinion, that the circuit court ought to have granted a new trial in this case, on the ground, if upon no other, that the damages were excessive and vindictive. [Here, the judge recapitulated the leading facts of the case.] Although Thompson had not the le*106gal title, there is no evidence to shew that he had not such an equitable one, as, combined with his possession and the long possession of those holding under him, would have enabled his assignee to defend himself against the claim of Beverley. No eviction had taken place; no offer had been made to Thompson to cancel the bargain,…
2Cited by6 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Williams v. SniderSupreme Court of Virginia · 1949
- Irving v. BondNebraska Supreme Court · 1906
- Thomas v. PalmerNevada Supreme Court · 1926
- Dunlop v. BakerCourt of Appeals for the Fourth Circuit · 1916
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