Lake v. Tyree

Citations

• 90 Va. 719
• 19 S.E. 787
• 1894 Va. LEXIS 53

Syllabus

<p>1. Pjiaotice at Common Law — Pleading—Demurrer.—-Where a plea avers no injury to defendant from the fraudulent misrepresentation as to the lot referred to in it: held, a demurrer lies to the plea.</p> <p>2. Idem — Declarations of agent — Hearsay.—Agent’s admission binds principal only when made whilst the transaction is going on. If made after-wards, it is mere hearsay.</p> <p>3. Idem — Evidence-Bills of exceptions. — In determining questions of admissibility of evidence, this court cannot look outside of the bills of exception taken to its exclusion.</p> <p>4. Idem — Instructions—Burden of proof. — In action on check given for price of land, there is a plea of nil debet and also a special plea of fraud in the sale, and the jury is instructed that the defendant must prove his special plea, but the plaintiff’s duty to prove the case made.in his declaration is ignored: held; such instruction works no injury to the defendant where it is given after the evidence relating exclusively to the special plea, has been closed.</p> <p>5. Idem — Modern covenants. — Such covenants, now used in place of ancient warranty, may affect the nature and quality of the thing sold, but are stipulations in the conveyance and not representations to induce the purchase of the thing sold.</p> <p>6. Idem — Verdict—Judgment.—Where in action of debt on a check, declaration demands a sum certain and interest, there is a verdict for “the amount of the debt in the declaration mentioned ” : held, the judgment may be for “the principal and charges of protest with interest thereon from the date of such protest.” Code, \\ 2853.</p> <p>7. Sale of Land — Misrepresentations—Opinions.—In order to support action of deceit, or suit in equity for rescisión, misrepresentations must be of a material fact inducing the purchase, and on which purchaser has a right to rely, and did rely, and whereby he was actually misled to his injury. Lowe v. Trundle, 78 Ya., 65. But representations that lots sold are “good bui