Bohn v. Newton

Citations

• 81 Va. 480
• 1886 Va. LEXIS 114

Syllabus

<p>1. Evidence—Memorandum of agreement.—At trial of action of trespass on the case for breach of contract in writing signed by the defendant, and binding him to build on a lot and pay ground rent for a term of years, the said contract is admissible as evidence in behalf of the plaintiff, although it may have been a mere memorandum of an agreement to be afterwards substituted by a formal lease.</p> <p>2. Instructions.—At such a trial as is mentioned in the first paragraph, instructions given by the court on the motion of the plaintiff to the effect that if defendant executed the contract to build and lease, he was bound by it, and that one party could not rescind a contract at his pleasure; and that if the contract was mutually rescinded and a new one made, then the defendant was not bound by the first, but by the second, are not erroneous.</p> <p>3. New Trials—Conflicting evidence—Evidence certified.—Where in action for damages for breach of contract there has been two mistrials, and at third the evidence is greatly contradictory and the court below, has refused a new trial, and certified the evidence, and not the facts proved, this court will not disturb the verdict.</p>