Chapman & Wife v. Persinger's Ex'x

Citations

• 87 Va. 581
• 13 S.E. 549
• 1891 Va. LEXIS 110

Syllabus

<p>-1. Cancellation—Mutual mistake.—Equity will reform instruments executed under mutual mistake, but this can never be done unless the true state of the case can he established. In the case here, any account that may be stated must be purely conjectural.</p> <p>2. Bonds—Promise to surrender.—One cannot, under the law, set up and prove, in avoidance of his bond, that he was induced to execute it by obligee’s assurance that he would surrender it to the obligor’s bond. Towner v. Lucas, 13 Graft., 705.</p>