Cases Decided in the Supreme Court of Appeals of Virginia Volume 25
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. 1827 edition. Excerpt: ...Judge CABELI. absent. Yon. IV. A 44 The failure to allege the performance of a precedent condition, in a declaration, will be cured by a verdict. The general rule is, that no party can be required to prove, upon the trial, any matter not alleged by him in his pleadings, unless the fact not alleged is ne. cessarily implied from the facts stated in the pleadings. In cases coming within the general rule, all matters necessarily implied from what is alleged, are presumed to have been proved on the trial, after verdict. But matters collateral to the fact in issue, and necessary to the right of the party, if they are omitted in the pleadings, cannot he presumed to have been proved, and therefore their omission could not he cured by the verdict, at common law. In a contract for the purchase of land, where no time is limited for the conveyance of the property, and a time is limited for the payment of the purchase money, the conveyance is not a condition precedent to the right to demand the money. A general undertaking to pay money, without appointing a day of payment, obliges the party to pay immediately; but an undertaking to do a collateral act, as to convey lands, entitles the party to perform it at any time during his life, unless hastened by the request of the other pl-ty. ' The stipulated price of property sold, is the proper measure of damages, for the non--performance of the contract, if no evidence is offered to shew that some other standard is more proper. This was an appeal from the Superior Court of Law for Halifax county, where Romulus M. Saunders and Henry M. Clay brought an action on the case, against William Bailey. "The action was founded on an agreement, by which the said Saunders and Clay should sell and convey to the...
- Paperback | 222 pages
- 189 x 246 x 12mm | 404g
- 13 Sep 2013
- Illustrations, black and white