Lamb v. Smith

Decided November 7, 1828

Supreme Court of Virginia · decided 1828-11-07

John M. Smith, exhibited his Bill to the Chancellor of the Richmond District, setting forth, that in the year 1814, he purchased of a certain William Lamb, a lot of land in the City of Richmond, forty-three foet one way, and one hundred and thirty feet the other, for which ho agreed to give seven hundred dollars: that on the lot thus purchased, there stood a small house, of which, with the lot it„sslf, the Plaintiff was immediately put in possession, and that he has paid the…

Cited by 2 later decisions — most recently March 1902

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1828-11-07

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Judge Gkeen.

¶1 *555This is not a Bill for the specific execution of a parol contract only, but to remedy a mistake in the execution of such a contract, offering the Defendant the alternative to correct the mistake, by conveying the property really purchased, if he has a title-to it, or to re-pay the money, if he has not. Here was a mutual mistake as to the very subject of the contract, and it is void, and should be rescinded, and the parties put in statu- quo, by the repayment of the money, the vendor having no title to the property really sold. The Decree should be affirmed.

¶2Judges Garr, Coalter and Cabell concurred*

¶3 Absent, the Paesident.