Cases Decided in the Supreme Court of Appeals of Virginia Volume 121

Cases Decided in the Supreme Court of Appeals of Virginia Volume 121

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...her to a rescission. 2. Vnrmoa AND PURcHAsER--Construction of Contract.--ln a written contract for the sale of land the vendor agreed to convey to the vendee by deed with general warranty of title, a tract of land supposed to consist of 108 acres, more or less, and all the buildings and improvements thereon, which was conveyed to said vendor by his father by a certain deed, which land had for a number of years been occupied by the vendor as a home. A deed conveying 107% acres of the land conveyed to vendor by his father by the deed referred to, which had long been occupied by the vendor as a home place, complies with this contract, although this 107% acres was not all of the tract conveyed to the vendor by his father in the deed referred to, the vendor having twelve years previously conveyed three acres to another party, who had at once built upon and improved the premises. There was evidence that the vendee knew of this sale and from her conduct it appeared that she knew that the three acres in question were not included in her contract with the vendor. 8. VENDOR AND PuncHAsnR--Paml Evidence.--Where, in construing a contract of sale, the knowledge of the vendee of the prior conveyance of three acres of the land in question to another by the vendor, was a material fact for the court to know in determining the probable intention of the parties, the testimony of the husband of the vendee that the vendor had told him that after taking off the three acres from the tract 108 acres would remain, was not objectionable as in violation of the rule against the use of parol evidence to vary the terms of a written contract. 4. VENDOR AND PuRcnAsr: R--Boundm-ies-Reference to Prior Deed.Where a written contract for the sale of land described the subject..
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Product details

  • Paperback | 366 pages
  • 189 x 246 x 19mm | 653g
  • United States
  • English
  • black & white illustrations
  • 1236773004
  • 9781236773005