Hoback v. Kilgores

Citations

• 26 Va. 442
• 26 Gratt. 442
• 21 Am. Rep. 317

Syllabus

<p>i. K sells to H a tract of land, expressing the belief, which he no doubt entertained, that there were 127 acres in the tract, and H relying on that belief purchased, and paid the purchase money. There were in fact but 81 acres. K having sold, and H having purchased under a ■ mutual mistake, H is entitled to compensation for the deficiency.</p> <p>2. Although in cases of mere deficiency in quantity, within the boundaries of a tract sold, the general rule of compensation is according to the average value of the whole tract, yet where, as in this case, there are valuable improvements upon the land, the value of which bears a very large proportion to the value of the land, the just and true measure of compensation is according to the average value of the land without the improvements, considering both together with the price for which it was sold, estimating the quantity of the land, as the parties did, at 127 acres.</p> <p>3. A vendor of land in his own right is bound to convey it with general warranty, unless it be otherwise agreed between the parties. But a party who had sold to the vendor, and had retained the legal title, or had some interest in the land, is only required to convey with special warranty.</p>