Newman v. Kay
West Virginia Supreme Court
Appeal from Circuit Court, Fayette County. Bill by W. C. Newman and others against James Kay and others. Decree for plaintiffs, and defendants appeal.
1Opinion of the Court
POEEENBARGER, JUDGE:
Whether a certain sale of real estate, the contract having been executed by conveyance and payment of all the purchase money, was a sale by the acre or in gross, is the first question presented in this case; and it being held to have been a sale in gross, the second is whether the sale can be rescinded in equity on the ground of a considerable excess, found upon surveying the tract of land, both parties having been ignorant, at the time of the sale, of the quantity of the *100land and both being entirely free from any fraud or misrepresentation as to quantity.
In 1884, W. W.…
2Cases cited15 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- United States v. County of ClarkSupreme Court of the United States · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Walker v. DoeWest Virginia Supreme Court · 2002
- Kendall v. WellsSupreme Court of Georgia · 1906
- Armstrong v. RossWest Virginia Supreme Court · 1906
- Watson-Loy Coal Co. v. Monroe Coal Mining Co.West Virginia Supreme Court · 1920
- Harmon v. PeerySupreme Court of Virginia · 1926
18 more not listed; retrieve them via the Exa API.