McMullin's Adm'r v. Sanders

Citations

• 79 Va. 356
• 1884 Va. LEXIS 90

Syllabus

<p>1. Fraud—Rescission.—A false representation of a material fact constituting an inducement to the contract, on which the party had a right to rely, is a ground for a rescission of the contract by a court of equity, although the party making the representation was ignorant whether it was true or false; the real inquiry is not whether the party making the representation knew it to be false, but whether the other party believed it to be true, and was misled by it in making the contract. Lowe v. Trundle, 78 Va. 65.</p> <p>2. Idem—Statute of Frauds—Case at Bar.—M. bought land at judicial sale; induced S. to take it off his hands; telling him the judgments, to pay which the land was sold, were obtained before debtor’s marriage, and hence were paramount to his wife’s contingent right of dower, and would consume the entire purchase price. These representations were false. Debtor died. His widow recovered dower against S., who was adjudged to pay her annually, interest during her life on one-third of the land’s value. S. brought bill in equity for compensation against A., administrator of M. Defendant demurred, and plead the statute of frauds. Demurrer was overruled and plea rejected. On appeal—</p> <p>Held :</p> <p>1. Demurrer was properly overruled.</p> <p>2. Plea of statute of frauds was properly rejected. Brown v. Brown, 77 Va. 619.</p> <p>3. The court of equity had jurisdiction of the fraud set out in the bill, and to afford the relief prayed for, by transferring the liability for the widow’s annuity from S. to the estate of M., to accomplish which there was no adequate remedy at law. Wampler v. Wampler, 30 Gratt. 454.</p>