Tams v. Brannaman

Citations

• 23 Va. 809

Syllabus

<p>1. In October 1862, B sold to T land, for $2,800, about what he had given for it in 1854; cash'$1,000, and the balance in one, two and three years. The article of agreement says nothing of the kind of money to be paid, but the bonds, which were written by T and sent to B, are made payable “ in bankable currency.” B expecting to use the $1,000 in another purchase, at his in.stance, T gives him his bond for it, payable on demand, and holds the money ready to pay it at any time; but no demand is made until after the war, and in 1865 and 1866, T makes two ■payments to B, each of $300. T says his understanding of the contract was that he was to pay in Confederate money. B says his understanding was it was to be paid in good money. B was a plain farmer. Held :</p> <p>1. There is no evidence to show that this was a contract according to the true understanding and agreement of the parties, to be performed in Confederate money or with reference to Confederate money as the standard of value, and as the price was not more than the land was worth in good money, it was not a Confederate contract.</p> <p>2. If it is a Confederate contract, the value of the land at the time of the contract is the most just measure of recovery.</p> <p>3. The $1,000 having been retained by T at the instance of B, it is to be considered a borrowing by T from B, of $1,000, of Confederate currency, and to be scaled.</p>