Reynolds v. Necessary

Citations

• 88 Va. 125
• 13 S.E. 348
• 1891 Va. LEXIS 11

Syllabus

<p>1. Specific Performance — Parol contract — Part performance — Specific performance is not matter of right, but will be granted where the parol agreement is mutual, certain, and definite, and the acts relied on are done in pursuance of the agreement, and where it has been so far executed that refusal of full execution will operate a fraud and will place the party in a situation not lying in compensation.</p> <p>2. Idem — Case at-bar. — E. orally agreed to sell her land to X. for a certain price, he to take up two notes for payment whereof she was being pressed, and to pay balance at stated times. X. purchased the notes, delivered one to her, offered to perform the other conditions, and took possession and cut logs off of the land. E. refused further to execute her contract—</p> <p>Held :</p> <p>Specific performance should be decreed against her.</p>