Baily v. Chancellor's Ex'or

Citations

• 89 Va. 87
• 15 S.E. 507
• 1892 Va. LEXIS 74

Syllabus

<p>Contract—Construction—Case at bar.—B covenanted to pay O a certain sum on condition that he came into “ free and full possession ” of a certain estate, in consideration that C released L of a debt of a larger amount. B did shortly come into possession of the estate, but not without great expense in litigation. O’s executor sued B on the covenant. B set up as his defence that he did not come into “ full and free possession ” of the estate, because of said expense of litigation.</p> <p>Held:</p> <p>The defence was untenable.</p>