Barnett v. Cloyd's Ex'rs
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Montgomery county. Decree for defendants. Complainants appeal.. This is a suit in equity which was instituted in the court below by the appellants, the vendees, to compel the specific performance by appellees, the vendors, of a certain execu-tory contract of sale of certain real estate. ■The real estate consists of a valuable farm, with dwelling-house and other improvements thereon, giving it a considerable rental value.
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Appeal from a decree of the Circuit Court of Montgomery county. Decree for defendants. Complainants appeal.. This is a suit in equity which was instituted in the court below by the appellants, the vendees, to compel the specific performance by appellees, the vendors, of a certain execu-tory contract of sale of certain real estate. ■The real estate consists of a valuable farm, with dwelling-house and other improvements thereon, giving it a considerable rental value. The contract of sale in so far as it is embodied in writing, is an option to purchase said farm, and is contained in one clause…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
[1, 2] 1. There is a well and long-established rule in equity that where an executory contract of sale of real estate fixes a date for the completion of the contract and is silent as to interest on unpaid purchase money and is also silent *552as to when possession is to be taken by the vendee, if the latter, without any new consideration therefor moving from him, takes possession prior to the completion of the contract, he must pay interest on the unpaid purchase money from the date on which he takes…
2Cases cited12 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Southern Railway Co. v. Franklin & Pittsylvania RailroadSupreme Court of Virginia · 1899
- Roberts' adm'or v. CockeSupreme Court of Virginia · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sale v. SwannSupreme Court of Virginia · 1924
- Lund v. LarsenSupreme Court of Minnesota · 1946
- Amoss v. BennionUtah Supreme Court · 1969
- O'Connor v. Kearny JunctionNebraska Supreme Court · 2017
- Wilcox v. Commonwealth Realty & Trust Co.Michigan Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.