Powell, Whitehurst & Co. v. Berry

Citations

• 91 Va. 568
• 22 S.E. 365
• 1895 Va. LEXIS 53

Syllabus

<p>1. Chancery Practice—Specific Performance.—Application for the specific performance of a contract is addressed to the sound discretion of the court, and will not be granted unless the applicant shows that he has been ready, prompt, and eager to perform the contract on his part. ' If he has been in default, a court of equity will leave him to such remedy as he may have in a court of law.</p> <p>2. Chancery Practice—Rescission—Cancellation.—-An application to a court of chancery to rescind or cancel a contract for the sale of real estate, like that for specific performance, is also addressed to the sound judicial discretion of the court, and the court not unfrequently refuses to rescind, when, under like circumstances, it would refuse to enforce. Rescission, however, seems to be limited to cases where there is either a palpable and material mistake concerning the substance of the thing contracted for, or when fraud and misrepresentation have been perpetrated on the applicant.</p> <p>3. Chancery Practice—Case at Bat—Specific Performance—Rescission— Remedy at Law.—Applying the foregoing principles to the case at bar the court will neither enforce nor rescind the contract, but remit the parties to such remedies as they may have at law.</p>