Bedford v. Hickman
File:CallsReports1833V5BedfordvHickman.pdf
Bedford v. Hickman, Call Vol. V 236 (1804) [1] involved whether a purchaser could be relieved from a contract granting a certain amount of land, but subsequently giving significantly less acreage.
Background
Hickman bought a tract of land from Bedford for “900 acres, more or less.” The purchase price was £1300, £650 of which was paid in cash and the other half in bond. Since purchasing the property, Hickman discovered that the deed for the tract contained only 709 acres; a follow-up survey showed 765 acres. Hickman sued Bedford for fraud claiming that Bedford knew the amount of land and did not inform Hickman. He requested the court allow the £650 to suffice as full payment for the property and dismiss the injunction on the bond.
The Court's Decision
The County Court granted a perpetual injunction in favor of Hickman. Chancellor Wythe affirmed the decree, which the Court of Appeals affirmed.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Decided in the Court of Appeals of Virginia,(Richmond: R. I. Smith, 1833), 236.
