Kelly v. Fairmount Land Co.
Supreme Court of Virginia
Appeal from a decree of tlie Law and Equity Court of the city of Richmond, pronounced November 3, 1897, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants.
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Appeal from a decree of tlie Law and Equity Court of the city of Richmond, pronounced November 3, 1897, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants. The Eairmount Land Company being the owner of land near the city of Richmond, which it desired to place upon the market, divided it up into lots and employed one S. P. Clay to do certain grading for it, at an agreed price per yard, to be paid for by the conveyance to Clay of certain designated lote at a stipulated price. The company conveyed the lots to Clay, but retained the deed in its…
1Opinion of the CourtRiely, J.
For the purposes of this decision, it may be conceded, as claimed by counsel for the appellee, that the money secured by *229the deed of trust which is the subject of this controversy, together with the work of grading undertaken by Clay, constituted the purchase price for the lots which the Fairmount Land Company contracted to convey to him; from which it follows that Kelly, although he has completed the grading, cannot demand a clear title to the lots until the deed of trust has been satisfied, unless the company is estopped to claim the benefit of it.
Clay not having obtained a deed to the lots…
2Cases cited1 opinion
- Massie v. Greenhow's Adm'rCourt of Appeals of Virginia · 1856
3Cited by6 opinions
- Seaman v. Big Horn Canal Ass'nWyoming Supreme Court · 1923
- Methonen v. StoneAlaska Supreme Court · 1997
- Artz v. YeagerIndiana Court of Appeals · 1903
- Fisher v. BordenSupreme Court of Virginia · 1910
- Cunningham v. RichesonSupreme Court of Virginia · 1924
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