Pendleton's Executors v. Stewart
Court of Appeals of Virginia
Pendleton's executors filed a bill, in the court of chancery, to compel a specific performance of a contract made, by Stewart, with their testator for a tract of land, deducting therefrom such parts, as it had been discovered, belonged to other people; with a correspondent deduction, from the purchase money. The answer insisted, that the land was not sold by the acre, but, at a fixed price, for the whole.
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Pendleton's executors filed a bill, in the court of chancery, to compel a specific performance of a contract made, by Stewart, with their testator for a tract of land, deducting therefrom such parts, as it had been discovered, belonged to other people; with a correspondent deduction, from the purchase money. The answer insisted, that the land was not sold by the acre, but, at a fixed price, for the whole. That after it was discovered that there was a deficiency in the quantity of land, the defendant offered to cancel the contract, but the testator refused. The agreement was eleven hundred…
1Opinion of the Court
TUCKER, Judge.
This is a bill brought by the executors of Pendleton, for relief and compensation for a deficiency of 160 acres of land, alleged to have been discovered on a sale made by the following agreement, drawn by the purchaser, who lived near the lands, the seller residing at a ^considerable distance from them, and the contract being made at the house of the tatter, who shewed a patent for the lauds to one Dilliard, dated in 1736, to the buyer, and delivered him the patent as soon as the contract was made, for the purpose, it would seem, of having a deed prepared according to it.
“Memo,…
2Cases cited2 opinions
- Jollife v. HiteCourt of Appeals of Virginia · 1798
- Wood v. BoughanCourt of Appeals of Virginia · 1798