Leas' Ex'or v. Eidson
Supreme Court of Virginia
The case is stated in the opinion of Judge Moncure.'
1Opinion of the CourtMoncure, J.
This was a suit brought by Swoope, executor of Leas, against Eidson, for the specific performance of a contract under seal for the sale of “the plantation on which said Leas resided in his lifetime, supposed to contain 260 acres, at 15 dollars per acre,” payable by installments. Performance was resisted on the ground of mistake as to a parcel of land containing fourteen acres, which it was alleged was embraced in the lines by which the plaintiff sold and defendant purchased; and was of such value, intrinsically and relatively to the balance of the tract, as to entitle the defendant, if he…
2Cited by14 opinions
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- Carter v. McArtorSupreme Court of Virginia · 1877
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