Epes v. Saunders
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Mecklenburg county. Decree for defendants. Complainant appeals.
1Opinion of the CourtBuchanan, J.
The principal question to be determined in this case is whether or not the tract of land sold and conveyed by the appellees to the appellant was a sale by the acre or a sale in gross.
It is well settled in this State that where persons enter into an agreement for the payment of a gross sum for a tract of land, upon an estimate of a given number of acres, there is a presumption that the quantity influences the price to be paid, and that it is a sale by the acre and not a sale in gross, unless the contract plainly indicates that it is a sale in gross, and this presumption can only be overcome by…
2Cases cited5 opinions
- Watson v. HoySupreme Court of Virginia · 1877
- Boschen's v. Jurgens'sSupreme Court of Virginia · 1896
- Benson v. HumphreysSupreme Court of Virginia · 1881
- Blessing's adm'rs v. BeattySupreme Court of Virginia · 1842
- Berry's v. FishburneSupreme Court of Virginia · 1905
3Cited by6 opinions
- Pack v. WhitakerSupreme Court of Virginia · 1909
- Hall v. GrahamSupreme Court of Virginia · 1911
- Hart v. HardingNebraska Supreme Court · 1921
- Lewis v. BillerRockingham County Circuit Court · 1999
- J. J. White Lumber Co. v. McComb City Turpentine Co.Mississippi Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.