Anderson v. Creston Land Co.

Citations

• 96 Va. 257
• 31 S.E. 82
• 1898 Va. LEXIS 85

Syllabus

<p>1. Principal and Agent&emdash;Acts of Unauthorized Agent&emdash;Affirmance&emdash;Case in Judgment.&emdash;A principal may affirm or repudiate the act of an unauthorized agent upon receiving notice of it. Having once deliberately affirmed it after proper information, he is bound by the contract made for him. In the case in judgment the evidence shows that appellants, with sufficient knowledge of the circumstances attending the transaction, affirmed the act of their unauthorized agents.</p> <p>2. Rescission&emdash;False Representations&emdash;Opinions&emdash;Facts. &emdash; Assurances by agents of a land company that the company will lay out and grade certain streets, and will construct water works, are expressions of opinion and not statements of fact, and the failure of the company to make good the assurances does not constitute a ground for the rescission of a contract induced thereby.</p> <p>3. Covenant against Encumbrances&emdash;Prior Deed of Trust&emdash;Provisions for Release.&emdash;A covenant to convey title free of encumbrance is not broken by the existence of a deed of trust on the land conveyed, where the purchase money has not been paid to the vendor, and the deed of trust provides that the lien thereof shall be released upon receipt of the purchase money for any portion of the land sold.</p> <p>4. Joint Purchaser Agent eor Vendor&emdash;Objection on Appeal for First Time.&emdash;An objection that an agent for the sale of land, who became a joint purchaser with defendants, was also interested on behalf of the vendor cannot be made for the first time on appeal.</p>