Rison v. Newberry

Citations

• 90 Va. 513
• 18 S.E. 916
• 1894 Va. LEXIS 16

Syllabus

<p>1. Specific PerpormaNoe — How granted. — If equity grants specific performance of a contract, it should do so of the contract as the parties made it.</p> <p>2. Idem— When denied — Remedy.-—Where, without good excuse, for a considerable time, vendor of land refuses to perform the contract on his own part, he cannot, after prices have declined, have a decree for specific performance, but must be left to his remedy at law.</p> <p>3. Recession— When denied — Remedy.—Where there was no mutual mistake, no illegality, no disability, no fraud by false representations or wilful suppression of such facts as to the subject matter as the party is bound to disclose, and no undue influence resulting from confidence or friendship, equity will not decree a recission of a contract, but will leave the plaintiff to his remedy at law.</p>