Ralston, Committee v. Effinger's Ex'or

Citations

• 86 Va. 1008
• 11 S.E. 975
• 1890 Va. LEXIS 79

Syllabus

<p>Trust Deed—Construction—Amount secured.—In contract of sale, vendor admitted want of title to one-seventh of the land, and, agreeing to indemnify, placed with vendee 5600 in bonds, which being collected, the money was paid to vendor, who later gave a trust deed stating the.sale, the want of title to one-seventh and five-sevenths of one-seventh of the land, the design to he that the deed he in lieu of the bonds and the indemnity intended to be the same intended by the contract. Finally vendee was evicted. Held, the contract did not fix 5600 00, but bis actual loss, as the amount vendee was entitled to, and that the trust deed secured to him.</p>