88 Va. 948 | Va. | 1892
delivered the opinion of the court.
The bill was filed in this cause by the appellant, B. R.- Ralle, to enjoin the appellee, the Virginia Midland Railroad Company, from prosecuting a suit against him on his purchase-
One complaint in the Milis that, by the verbal understanding, PTalle agreed to pay $10,384.85 for these lands; but when the •written contract was produced for execution, it provided for $11,384.85, and that he, though protesting, executed the contract at that price; that effecting large sales and making large payments when he came to make sale of some one thousand four hundred and twenty-four acres of this land, the bonds and proceeds of sale were to be turned over to the company, but some judgments had been, in the meantime, recovered against the company for personal injuries received by suitors, and the purchasers raised a difficulty about these, and these claims being contested by the company in the Court of Appeals, there was delay in relieving the lands of the company of these liens, and Ealle, losing this sale, asked to have the contract rescinded as to this part of the purchased land, but the company refused to rescind; 'that he had paid the contract price for all the lands sold by him; and Xalle denied the authority of the agents of the company to make this sale to him.
The defendant demurred and answered that the contract of sale had been made in good faith by it, and has • always been ready, willing, and able to comply on its part; that the contract was that the company was to make a deed with special' warranty of title upon the payment of the purchase-money according to the terms thereof; that the purchase-money has
Falle cannot claim the benefit of the contract as to the large part of it, as to which he made a profit, and then repudiate so much of it as is unprofitable. For can he, upon any just principle, ask a rescission of a contract which has been by him, for his benefit, partly executed, and which he desires to rescind only in such part as he has been able to profit by. The defendant was in no default at' any time. It is impossible now to
Decree affirmed.