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6 Va. 552

Lamb v. Smith

Supreme Court of Virginia

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 feet one way, and one hundred and thirty feet the other, for which he agreed to give seven hundred dollars: that on the lot thus purchased, there stood a small house, of which, with the lot itself, the Plaintiff was immediately put iu possession, and that he *bas paid the…

Decided 1828-11-07

¶1November 7.

JUDGE GREEN.

¶2This 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 t3 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 Here was a mutual mistake as to the very subject of the contract, and it is void, and should be rescinded, and the parties put in statu quo, by the repayment of the money, the vendor having no title to the property really sold.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.

JUDGES CARR, COADTER and CA-BEEE concurred.*
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