Sergeant v. Linkous

Citations

• 83 Va. 664
• 3 S.E. 295
• 1887 Va. LEXIS 107

Syllabus

<p>1. Equitable Jurisdiction and Relief'—-Vendor and Vendee—Mistake.— If in sale of land at gross price, upon estimate of quantity influencing price, mistake occurs, which if understood would probably have pre- - vented sale, or varied its terms, equity will afford relief, either by setting aside the sale or by giving a just compensation. Yost v. Mallicote, 77 Va. 610.</p> <p>2. Idem—Compensation—Measure—Rule—Exception.—In case for relief by compensation, the general rule is to abate the price according to the average value of the whole tract. This rule is subject to an exception. Where peculiar circumstances add to the value of the land retained, or lost, a departure from this rule is required. Watson v. Hoy, 28 Gratt. 698.</p> <p>3. Idem—Case at bar.—Here no circumstances exist to take the' case out of the general rule; none such being averred in the pleadings, or established by the evidence.</p>