Jones v. Bond's Adm'r

Citations

• 86 Va. 81
• 9 S.E. 503
• 1889 Va. LEXIS 12

Syllabus

<p>1. Equitable jurisdiction—Incomplete sale—Sureties—Case, at bar.—B. agreed to convey to H. and N. certain land, they to give for half the price three bonds, with sureties. J. and three others promised to become the sureties, provided vendees secured them by a trust deed. The bonds were executed and left with a third party until the conveyance and trust deed were given. B. gave possession to vendees but no conveyance, and they gave no trust deed. The bonds remained with third party. H. acquired the rights of his co-vendee, and died indebted. B. filed a bill against N. and J. and his associates, calling on the latter to answer whether the bonds had been delivered, and on H. whether he was willing to complete the purchase, and if not, then B. asked for a rescission. Defendants answered, denying the delivery, and took depositions sustaining the denial. B. filed amended bill, alleging that ■ the allegations in the original bill were mistaken. He then brought an action at law on the bonds, which was enjoined. Held : B. could not maintain the action at law, and much less both that action and the suit in equity.</p> <p>2. Idem—Agreement—Estoppel—Case at Bar.—By representing to defendants that he would endeavor to have the contract rescinded, B. obtained from defendants an agreement that they would not take advantage of any allegation that the bonds were not delivered, when the bill had, without their knowledge, been already filed. Held : Defendants were not estopped by such agreement.</p>