Sterling v. Blackwelder, 12920.
Decision Date | 22 August 1969 |
Docket Number | No. 12920.,12920. |
Citation | 414 F.2d 1362 |
Parties | John R. W. STERLING, Appellant, v. Leroy J. BLACKWELDER et al., Appellees. |
Court | U.S. Court of Appeals — Fourth Circuit |
Benjamin R. Jacobs, Washington, D. C. (Lawrence D. Huntsman, Washington, D. C., on brief), for appellee Wallace F. Holladay.
Before BOREMAN, WINTER and CRAVEN, Circuit Judges.
John R. W. Sterling appeals from an order of the district court directing the return of a $50,000.00 deposit which had been made by Wallace F. Holladay pursuant to his agreement to purchase a certain parcel of real property (known as the Moorefield Farms in Fairfax, Virginia) "* * * free and clear of all encumbrances * * *." Upon examination of the title to said real estate it was discovered that the property involved was servient to nine recorded easements.1
The district court held that these easements constituted encumbrances on the property, and consequently: the undertakings of the above-mentioned agreement could not be complied with in that the purchase could not be accomplished free and clear of all encumbrances; the prospective purchaser, Holladay, was entitled to rescind the agreement to purchase; and he was entitled to a refund of his deposit.
We affirm the holding of the district court for the reasons stated in its opinion.2
Affirmed.
1 These easements were held by the Commonwealth of Virginia in connection with public highways and by various public utilities.
To continue reading
Request your trial-
Brand Distributors, Inc. v. Insurance Co. of No. Am.
...v. Union Nat'l. Bank, 91 U.S. (I Otto) 406, 23 L.Ed. 245 (1875); Sterling v. Blackwelder, 302 F.Supp. 1125 (E.D. Va.1968), aff'd. 414 F.2d 1362 (4th Cir. 1969), Michie's Jur. Vol. 4, title Conflict of Laws § 24 page 56, and everything governing performance by the place where it is to be per......
-
Blackwelder v. Millman
...Holladay. Sterling v. Blackwelder, 302 F.Supp. 1125 (E.D.Va.1968). We affirmed on appeal, both as to John Sterling: Sterling v. Blackwelder, 414 F.2d 1362 (4th Cir. 1969); and Blackwelder: Sterling v. Blackwelder, No. 12,921 (4th Cir. Jan. 9, 1970) (Blackwelder III ) (unreported).4 Blackwel......
-
Hewitt v. Hutter, Civ. A. No. 74-35(H).
...a Virginia real estate contract, thus Virginia law controls. Sterling v. Blackwelder, 302 F.Supp. 1125 (E.D.Va.1968), aff'd 414 F.2d 1362 (4th Cir. 1969). The case is before this court on Defendants' Motion for Summary Judgment, which the court is of the opinion, should be and hereby is den......
-
Hewitt v. Hutter
...a Virginia real estate contract, the court must apply Virginia law. Sterling v. Blackwelder, 302 F.Supp. 1125 (E.D.Va.1968) affd. 414 F.2d 1362 (4th Cir. 1969). The law of Virginia relating to the elements and proof of fraud has been clearly and forcefully stated in many cases. To secure av......