Sachs v. Owings
Court of Appeals of Virginia
Error to a judgment of the Hustings Court of the city of Petersburg, in an action at law by motion, in the nature of an action of assumpsit. Judgment for plaintiff. Defendants assign error.
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Error to a judgment of the Hustings Court of the city of Petersburg, in an action at law by motion, in the nature of an action of assumpsit. Judgment for plaintiff. Defendants assign error. Statement of the Case and Facts by Sims, J. ■This is an action at law by motion, in the nature of an action of assumpsit, by the defendant in error, plaintiff in the court below (hereinafter designated “plaintiff”), against the plaintiffs in error (hereinafter designated “defendants”), to recover back the $500 cash payment made by the former to the latter upon a contract of purchase of real estate, on two…
1Opinion of the CourtSims, J.
The rules of law governing all the points arising in this case are well settled, so that a limited reference to the authorities, without discussion of them, will be deemed sufficient.
This is an action by a purchaser of land to recover back a payment on account of purchase money under an unexecuted contract on the grounds, (1) that the title of the vendor was not such as the purchaser was entitled under the contract to require; and (2) on the ground that the purchaser was released by the vendor from the contract of purchase under seal by the subsequent oral agreement above referred to.
We will…
2Cases cited10 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Scott v. MooreSupreme Court of Virginia · 1900
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Newberry v. FrenchSupreme Court of Virginia · 1900
- Mundy's Executors v. GarlandSupreme Court of Virginia · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jensen v. BledsoeIdaho Supreme Court · 1979
- Davis v. BeurySupreme Court of Virginia · 1922
- Scott v. Albemarle Horse Show Ass'nSupreme Court of Virginia · 1920
- Greer v. DoriotSupreme Court of Virginia · 1923
- Sterling v. BlackwelderDistrict Court, E.D. Virginia · 1968
14 more not listed; retrieve them via the Exa API.