Hall v. Graham

Citations

• 112 Va. 560
• 72 S.E. 105
• 1911 Va. LEXIS 119

Syllabus

<p>1. Vendor and Purchaser—Sale by the Acre—Presumption.—Every sale of land where the quantity is referred to in the contract is presumed to be a sale by the acre, unless the language of the contract plainly indicates a sale in gross, and the presumption can only be overcome by clear and cogent proof. Such proof has not been produced in the case in judgment.</p> <p>2. Vendor and Purchaser—Mutual Mistake—Laches—Limitation of Actions—Case in Judgment.—No lapse of time and no delay in bringing suit, however long, will defeat the remedy in cases of fraud or mutual mistake, provided the injured party during . all the interval was ignorant of the fraud or mistake without fault on his part. The duty of a party to commence proceedings to assert his rights can only arise upon the discovery of the fraud or mistake, and the possible effect of laches will begin to operate only from that time; and the statute of limitations will begin to run from the same time. In the case in judgment, a tract of land was accurately surveyed at the time of sale, but a mistake was made by the surveyor in calculating the quantity of land within the boundary, and this mistake was not discovered until twenty years thereafter, when the devisee of the purchaser was about to sell the land to another. Suit was then brought to recover for the deficiency, and it is held that the suit was in time, and not barred by either laches or the statute of limitations.</p> <p>3. Interest—Time of Computation—Mistake of Fact—Demand of Payment.—Generally, he who has the use of another’s money must pay interest upon it from the time he receives it until he repays it, unless there is an agreement, express or implied, to the contrary; but, according to the better rule, where money has been paid and received under a mutual mistake of fact, and no fraud .or improper conduct can be imputed to the party receiving it, interest will not be allowed except from the time when the mistake was discovered and payment demanded.</p>