Graybill v. Brugh

Citations

• 89 Va. 895
• 21 L.R.A. 133
• 17 S.E. 558
• 1893 Va. LEXIS 118

Syllabus

<p>1. Unilateral Contracts—¡Mutuality—Specific performance.—By agreement, signed only by the owner, for sale of land, it was stipulated that there should be no obligation, by virtue of the agreement, on the purchaser, unless within ten months he paid one third of the purchase-money. Within that period purchaser brought suit for specific performance of the agreement of sale.</p> <p>Held :</p> <p>The bill should have been dismissed for want of mutuality of obligation.</p> <p>2. Deed—Consideration.—In equity, either party may aver and prove against the other the true and actual consideration upon which the deed is founded, though a different consideration be expressed therein. Duval v. Bibb, 4 H. & M. 116.</p> <p>3. Specific Execution—Doner.—Specific execution of an agreement to sell and Convey will not ordinarily be decreed against the vendor, whose wife refuses to join in the deed, when there is no proof of fraud on his part in her refusal, unless the purchaser is willing to pay the full purchase-money and accept the deed without her joining.</p>