Abernathy v. Phillips

Citations

• 82 Va. 769
• 1 S.E. 113
• 1887 Va. LEXIS 144

Syllabus

<p>1. Infants—Contracts—Avoidance—Restitution—Case at bar.—It is true that if infants enter into contracts, and, after becoming of age, repudiate them, they must make restitution of the consideration, remaining, in kind, in their hands. But in ease at bar, the infants made no contract and received no consideration.</p> <p>2. Vendor and Vendee—Breach of warranty—Measure of damages— Remedy at law.—Remedy for vendee for loss of land paid for by him and conveyed to him by vendor with warranty of title is by action at law, and the measure of recovery is the purchase price with interest from date of eviction.</p> <p>3. Case at bar is one where there was a misjoinder of parties, plaintiff and defendant, and a bill wholly without equity, that was properly-dismissed on demurrer.</p>