Hull v. Fields & Thomas

Citations

• 76 Va. 594
• 1882 Va. LEXIS 62

Syllabus

<p>1. Jurisdiction—Annulment of conveyance—Case at bar.—Under contract made in S county H executed deed conveying real estate therein situated, to F & T. Later, in the circuit court of that county, H brought suit against F & T to rescind the contract and vacate the deed. Summons was not served in that county on either of the defendants, both of whom resided elsewhere.</p> <p>Held :</p> <p>The suit was properly brought in S county under Code 1873, ch. 165, § 1, clause 3, and §2.</p> <p>2. Fraud in Procurement of Contract—General rule.—To rescind an executed contract of sale of property, on ground of false and fraudulent representations, there must have been false representation of material fact, constituting an inducement to the contract, whereon purchaser had a right to rely, and did rely, and was.thereby misled to his injury.</p> <p>3. Idem—Sale of patent right—Case at bar.—Inl878 F & T sold to H'the exclusive privilege to sell in a certain territory a new and useful improvement, an adding pencil, patented in 1877. H conveyed to F & T real estate worth $1,800, and executed his bond for payment of $1,000 to F & T, when he should have sold to the extent of $5,000 by virtue of said privilege. As inducement to H to purchase the privilege, F & T made sundry representations and employed divers devices, which were relied on by H, and which he had a right to rely on, and which were false. Upon discovery of their falsity, H brought his bill to rescind the contract and annul the deed. F & T filed their demurrer and answer to the bill, and depositions were taken in the cause.</p> <p>Held:</p> <p>1. The allegations in the bill showed sufficient grounds for rescinding ' the contract and vacating the conveyance.</p> <p>2. The pleadings and evidence established the truth of those allegations, and entitle him to an annulment of the contract and deed.</p> <p>3. When an exclusive right to vend an article is the thing sold, as in case here, the chief element of its value is the salab