Crebs v. Jones

Citations

• 79 Va. 381
• 1884 Va. LEXIS 93

Syllabus

<p>1. Contracts—Consideration—Mental Weakness—Undue Influence—Rescission.—Mere inadequacy of consideration is no ground for rescinding contracts. But great weakness of mind, coupled with gross inadequacy of consideration, will induce courts of equity to rescind contracts, where from these facts, undue influence is inferable.</p> <p>2. Fraud—Onus probandi.—Fraud is never presumed, but he that alleges it, must prove it strictly and clearly as alleged.</p> <p>3. Chancery Practice—Issues out of Chancery.—The object of trying by</p> <p>juries such issues, is to satisfy the chancellor’s conscience where the evidence is contradictory; but the court is not bound to direct an issue merely because the evidence is contradictory. The expense and delay of such trials are to be incurred only where the court, exercising sound discretion, thinks it necessary, except in certain cases where they are matters of right.</p>