Supreme Court of Virginia, 1828

Lamb v. Smith

Supreme Court of Virginia · Decided November 7, 1828 · Gkeen

27 Va. 552; 6 Rand. 552; 1828 Va. LEXIS 35

Cases that cite this one

4 later published cases cite this decision.

Fearon Lumber & Veneer Co. v. Wilson (W. Va. 1902)
Chamberlaine v. Marsh's Administrator (Va. 1819)
Chamberlaine v. Marsh's Administrator (Va. 1819)
Chamberlaine v. Marsh's Administrator (Va. 1819)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judge Gkeen.

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 Here was a mutual mistake as to the very subject of the contract, and it is void, and should be rescinded, and the parties put in statu- quo, by the repayment of the money, the vendor having no title to the property really sold.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

Judges Garr, Coalter and Cabell concurred*

Absent, the Paesident.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.