Rorer Iron Co. v. Trout

Citations

• 83 Va. 397
• 2 S.E. 713
• 1887 Va. LEXIS 86

Syllabus

<p>1. Fraud&emdash;Rescission&emdash;Facts&emdash;Opinions.&emdash;False representations of material fact constituting inducement to contract, and on which a party has . a right to rely, is ground for rescission in equity. Matter of opinion may amount to affirmation and be inducement to contract, and will be ground for rescission, especially where parties deal not on equal terms, and affirmant has, or is presumed to have, means of information not equally open to the other party.</p> <p>2. Estoppel in Pais.&emdash;Case at bar.&emdash;Estoppel in pais is one that arises from the acts, conduct or declarations of a person, whereby he designedly induces another to alter his position injuriously to himself. But the acts, &c., alleged as such estoppel must be executed, and not merely executory. Case at bar is one where the acts, &c., alleged as an estoppel was held not to be an estoppel.</p> <p>3/ Appellate Court&emdash;Exclusion of evidence.&emdash;Though the chancellor has erroneously excluded evidence, yet if this court upon full consideration of all the evidence, including that excluded, sees no error in the decree0appealed from, it will affirm it.</p> <p>4. Purchasers for value without notice are not affected by latent equities; and grantees from such purchasers stand in the same position as their grantors, although such grantees were affected with notice at the time of the grant.</p> <p>5. IDEM'&emdash;Mode of defense&emdash;Essentials.&emdash;This defense may be made by plea or by answer. But answer, as well as plea, must aver all the essentials of the defense, viz : (1), That they are purchasers for valuable consideration actually paid; (2), that they have received, or are best entitled to receive, conveyance; (3), that their grantor was in possession of the property at the time ; and (4) that these facts happened before notice of the adverse claim. But this defense can not be made unless it is set up by answer or plea.</p> <p>6. Idem&emdash;Notice&emdash;Possessio