Jordan v. Katz

Citations

• 89 Va. 628
• 16 S.E. 866
• 1893 Va. LEXIS 81

Syllabus

<p>1. Landlord and Tenant—Estoppel.—The general rule that tenant cannot deny his landlord’s title is not affected by the fact that the tenant is in actual possession under a contract of purchase at the time he accepts the lease. Locke v. Frasher, 79 Va. 409.</p> <p>2. Contract—Rescission.—A written contract, creating an equitable interest in land, may be rescinded, waived, or abandoned by a subsequent distinct and independent parol agreement between the parties, partially acted- on or fully performed by them. Phelps v. Seely, 22 Gratt. 573.</p> <p>3. Case at Bar.—J bargained for land, and, at his request, K paid for it, and took a deed to himself. J took possession, and made several small payments to K; but later, on his default, K, with J’s verbal' consent, put the property in the hands of a real estate agent, who rented it to J.</p> <p>Held :</p> <p>J having admitted himself to be the tenant of K, was estopped to claim any rights under the above deed treated as a . mortgage.</p>