107 Va. 25 | Va. | 1907
delivered the opinion of the Court.
On the 15th day of November, 1899, the appellant, A. C. Garnett, entered into a contract of lease with the appellees, F. F. Finch and M. A. Finch, his wife, whereby the appellant became the lessee of a certain lot 25 x 100 feet, situated on Washington Avenue, between 31st and 32nd Streets, in the City of Newport News. The contract, which is made part of the bill, shows that the lease was for a term of forty years from its date, at an annual rental of $480 for the first five years, and $600 annually for the residue of the term, payable in semiannual instalments' on the first days of January and July in each year. The lessee further covenants to erect a building on the leased lot not less than three stories in height, and costing not less than $2500. The contract contains other covenants and conditions not necessary to be stated.
In September, 1906, the appellant filed the bill in this cause, alleging that he had been induced to enter into this contract by the false representations, warranties and statements of the lessors and their agent, one W. I. Fitzsimmons; that he Would not have made the contract but for his faith in the truth of these representations, and praying that, because of the wrong done him by reason of such false representations, the contract be rescinded and general relief granted.
The bill was dismissed upon demurrer, iand from that action of the court this appeal was taken.
The grounds of demurrer, in the order in which we will consider them are, (1) .that the bill is multifarious; (2) that the plaintiff’s remedy, if any, was at law; (3) that the allegations
The court is of opinion that the hill is not multifarious. It presents in the ordinary way the grounds of the plaintiff’s prayer for a recision of the contract, and it is not perceived that the course pursued coidd result in injury to any one of the parties to the litigation. School Board v. Farish, 92 Va. 156, 23 S. E. 221; Jordan v. Liggan, 95 Va. 616, 29 S. E. 330; Snyder v. Grandstaff, 98 Va. 473, 31 S. E. 647, 70 Am. St. Rep. 863.
In Jordan v. Liggan, supra, it is said that, in cases involving the question of fraud, a very great latitude is allowed in pleading, both as to the circumstance's charged and the parties impleaded, provided one connected scheme of fraud be averred. If justice can be conveniently administered by the mode of proceeding adopted, the objection of multifariousness will not lie, imless it is so injurious to one party as to render it inequitable to accomplish the general good at his expense.
The court is further of opinion that the plaintiff had the right to seek relief in equity. The prime object of this suit was to have rescinded a contract alleged to have been procured by fraud. The plaintiff had a right to- elect to rescind, upon discovery of the fraud, and to invoke the aid of a court of equity for that purpose. Powell v. Berry, 91 Va. 568, 22 S. E. 365 ; Wilson v. Hundley, 96 Va. 96, 30 S. E. 492, 70 Am. St. Rep. 837; Pom. Eq. Jur., sec. 684, etc.
The court is further of opinion that the allegations of the bill are not confined to mere expressions of opinion, but that representations of fact are sufficiently alleged to entitle the plaintiff to relief if such representations are shown to have been made. The bill alleges that prior to malting the lease contract, and as an inducement to the plaintiff to enter into it, he was assured that a certain pier, then in progress of construction, would be completed and maintained, its construction being pro
It is not always an easy matter to determine whether a given statement is onle of fact or opinion. The relative knowledge of the parties dealing, tbeir intentions and all of the surrounding circumstances, which can only be gathered from the evidence, affect the interpretation which the courts put upon representations in determining whether they be of fact or opinion. Taking the allegations of the bill to be true, in the light of the adjudications of this court, the alleged representations were sufficient to entitle the plaintiff to a hearing. Wilson v. Carpenter, 91 Va. 183, 21 S. E. 243, 50 Am. St. Rep. 824; Watkins v. West Wytheville &c. Co., 92 Va. 1, 22 S. E. 554; Orr & Litton v. Goodloe, 93 Va. 263, 24 S. E. 1014; Owen v. Boyd Land Co., 95 Va. 560, 28 S. E. 950.
In a suit for the reeision of a contract upon the ground of fraud in its procurement, no precis© or defined limit of time can he Stated •within which the interposition of the court must be sought. What is a reasonable time cannot he well defined so as to establish any general rule, and must in a great measure depend upon the exercise of the sound discretion of the court, under all the circumstances of the particular ease. Kerr on Fraud & Mistake, p. 305, et seq.
In view of the allegations of the bill, to which we have adverted, it cannot he stated as a matter of law, that the appellant has, by laches, lost his right to disaffirm the contract in question. Whether or not such- right has been lost is a question of fact which must he determined in the light of the evidence adduced upon the hearing.-
Reversed.