Austin v. Sanders

Citations

• 122 Va. 209
• 95 S.E. 273
• 1918 Va. LEXIS 88

Syllabus

<p>1. Vendor and Purchaser—Deficiency in Quantity of Land—Jurisdiction of Equity—Adequate Remedy at Law.—Courts of equity have jurisdiction to render decrees for the value of the deficiency in the quantity of land sold by the acre. The basis of this jurisdiction is either mutual mistake, or the mistake of one party occasioned by the fraud or culpable negligence of the other. The jurisdiction being elementary, it is immaterial that the complainant has a complete and adequate remedy at law.</p> <p>2. Vendor and Purchaser—Deficiency in Quantity of Land—Sale by Acre or in Gross.—Complainant brought his suit in equity to recover for a deficiency in quantity of a tract of land sold by defendant to complainant. The tract of land in question had been placed in the hands of one L. for sale, who negotiated the- sale to complainant and was complainant’s partner in the purchase. The evidence did not show that there was any ¡misrepresentation on the part of the defendant as to the quantity of land in the.boundary conveyed. It appeared than all the misrepresentations with reference to the quantity of land were made by L., either before he became the agent of defendant, or at the time or after he became a partner of complainant, so that the latter misrepresentations were of one partner to another, for which complainant could not be held i responsible. The deed was silent as to the quantity of land that was in the boundary, and the record did not show that defendant was responsible for the statements made by L. as to the quantity of land in the boundary.</p> <p>Held: That the evidence did not show that the sale was expressly or impliedly a sale by the acre. ,</p>