Ratliff v. Vandikes

Citations

• 89 Va. 307
• 15 S.E. 864
• 1892 Va. LEXIS 100

Syllabus

<p>1. Specific Pekfokiiaxce—Fraud—Evidence.—Where defendant was applied to by plaintiff’s agent to sell timber, and refused to sell it without the land, and H, who accompanied agent, represented himself as agent of persons known to defendant as responsible, and that he would buy the land for them if he w'ould sell the timber to plaintiff, defendant was unable to read or write, but executed the contract on the representations of H and plaintiff’s agent that he was selling both land and timber, but in fact the contract contained no provision for sale of the land:</p> <p>Held :</p> <p>Ko specific performance of the sale of the timber should be decreed, because of the fraudulent procurement of the contract.</p> <p>2. Witnesses—Husband—Competency.—Where wife has no separate interest in the result of the suit, though made a party, her husband is a competent witness in his own behalf.</p>