Mundy's Executors v. Garland
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Botetourt county in a proceeding by motion for judgment for money. Judgment for the defendants. Plaintiffs assign error.
1Opinion of the Court
Buchanan, J.,
(after making the foregoing statement) delivered the opinion of the court.
One of the errors assigned is the action of the court u> permitting the defendants to file special pleas of set oft" under the provisions of section 3299 of the Code. The plaintiffs insist that to give the defendants the relief sought by their pleas of set off a rescission of the contract relied on was required, and that such rescission cannot be had in a court of law.
It is well settled that a plea under that statute is not available as a defense to a bond for the purchase price of real estate, if the…
2Cases cited4 opinions
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- Mangus v. McClellandSupreme Court of Virginia · 1895
- Tyson v. WilliamsonSupreme Court of Virginia · 1899
- Kinny v. HoffmanSupreme Court of Virginia · 1879
3Cited by10 opinions
- Sachs v. OwingsCourt of Appeals of Virginia · 1917
- Jennings v. Realty Developers, Inc.Supreme Court of Virginia · 1970
- Barr v. MacGlothlinSupreme Court of Virginia · 1940
- Waskey v. ThomasSupreme Court of Virginia · 1977
- Wright v. BryanSupreme Court of Virginia · 1984
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