Dunsmore v. Lyle

Citations

• 87 Va. 391
• 12 S.E. 610
• 1891 Va. LEXIS 82

Syllabus

<p>1. Specific Performance—Principles.—When valid contract for sale of land is made, equity considers buyer as owner, seller as trustee, and as to the money, vice versa. All applications for such relief are to court’s sound discretion regulated by its principles. Contract must be reasonable, certain, legal, mutual, upon valuable or meritorious consideration, and distinctly proved; and applicant must have been ready, prompt and eager. Purchaser cannot be compelled to take defective title, but seller may be to convey what title he has, and compensate for defect. Phis remedy falls under statute of frauds, declaring void all contracts for land not written and signed by party sought to be charged. No such relief can be had unless contract is actually concluded. Where contract is embodied in formal document, executed by both parties, little difficulty can occur as to whether it was concluded or not. If doubtful whether concluded or not, the court will refuse specific performance, and leave parties to their rights at law.</p> <p>2. Idem—Case at bar.—Circumstances disclosed by the record show that no binding contract was ever made between the parties, but the negotiations were in fieri, and neither contemplated a sale subject to the wife’s dower rights, and specific performance cannot be granted.</p>