Yost v. Mallicote's Adm'r

Citations

• 77 Va. 610
• 1 Va. Dec. 545
• 1883 Va. LEXIS 98

Syllabus

<p>1. Equitable Jurisdiction and, Relief-Vendor and vendee.-If in sale of land at gross price upon estimate of quantity influencing price, mistake occurs, which, if understood, would probably have prevented sale, or varied its terms, equity will afford relief.</p> <p>2. Idem-Contract of hazard-Sale in gross-Mistake.-A sale in gross, quoad thing sold, means a sale without regard to quantity, and is in that sense a “ contract of hazard.” In such case there is no ground for relief. The mistake of the parties is the true ground of relief.</p> <p>3. Idem-Compensation-Exception.-In case for relief, the general rule of compensation is according to the average value of the whole tract, except where peculiar circumstances require a departure therefrom.</p> <p>4. Idem-Mistake-Deficiency-Compensation-Case at bar.-Y. bought of M. land represented by vendor to contain two hundred and forty acres, at $5,000, took possession, made cash payment, and executed bonds for deferred payments. When judgment on these bonds was about to be enforced, Y. surveyed the land, and discovered deficiency of seventy-five acres, which, by mutual mistake, was unknown at time of sale. Vendor told vendee the tract certainly contained two hundred and forty, and probably two hundred and fifty acres, and that he should have twenty dollars an acre. On the land were a frame dwelling, the usuaí outhouses, &c., estimated as worth $2,271.</p> <p>Held:</p> <p>1. Y. is entitled to an abatement from the price of the land ($5,000) of the amount obtained by multiplying the deficiency, seventy-five acres, by the price per acre ($20) as of the date of the sale.</p> <p>2. There are no exceptional circumstances which require a departure from the general rule of compensation, and here the value of the improvements must not be considered. The case is unlike that of Watson v. Hoy, 28 Gratt. 698.</p>