Riner v. Lester

Citations

• 121 Va. 563
• 93 S.E. 594
• 1917 Va. LEXIS 58

Syllabus

<p>1. Vendor and Purchaser — Rescission—Variance Between Executory Contract and Deed.— Where, in accordance with an executory contract of sale, there has been a valid delivery and acceptance of a deed, and an execution and delivery of the purchase money bonds, the vendee is concluded from asserting that an exception in the deed of three acres included in the metes and bounds, previously conveyed by the vendor to another, was a material departure from the' terms of the executory contract entitling her to a rescission.</p> <p>2. Vendor and Purchaser — Construction of Contract. — In a written contract for the sale of land the vendor agreed to convey to the vendee by deed with general warranty of title, a tract of land supposed to consist of 108 acres, more or less, and all the buildings and improvements thereon, which was conveyed to said vendor by his father by a certain deed, which land had for a number of years been occupied by the vendor as a home. A deed conveying 107% acres of the land conveyed to vendor by his father by the deed referred to, which had long been occupied by the vendor as a home place, complies with this contract, although this 107% acres was not all of the tract conveyed to the vendor by his father in the deed referred to, the vendor having twelve years previously conveyed three acres to another party, who had at once built upon and improved the premises. There was evidence that the vendee knew of this sale and from her conduct it appeared that she knew that the three acres in question were not included in her contract with the vendor.</p> <p>3. Vendor and Purchaser — Pa/rol Evidence. — Where, in construing a contract of sale, the knowledge of the vendee of the prior conveyance of three acres of the land in question to another by the vendor, was a material fact for the court to know in determining the probable intention of the parties, the testimony of the husband of the vendee that the vendor had told him that after taking off the three acres fr