Westover Court Corp. v. Eley
| Decision Date | 25 November 1946 |
| Citation | 40 S.E.2d. 177,185 Va. 718 |
| Parties | WESTOVER COURT CORPORATION et al. v. ELEY et al. |
| Court | Virginia Supreme Court |
Error to Law and Equity Court of City of Richmond; Haskins Hobson, Judge.
Action by Edward H. Eley and Lillian L. Eley against Westover Court Corpora tion and Alfred L. Blake and Sons, Inc., for damages alleged to have occurred by reason of certain false representations made by an agent of Alfred L. Blake & Sons, Inc., to plaintiff Edward H. Eley, which induced plaintiff to purchase a dwelling house. Judgment for $350 for plaintiffs, and defendants bring error. Affirmed.
Before HOLT, C. J., and HUDGINS, GREGORY, EGGLESTON, and BUCHANAN, JJ.
Robert C. Lyne, of Richmond, for plaintiffs in error.-
George E. Haw, of Richmond, for defendants in error.
A judgment for $350 was recovered in the trial court by Edward H. Eley and Lillian L. Eley against Westover Court Corporation and Alfred L. Blake and Sons, Inc., for damages alleged to have occurred by reason of certain false representations made by an agent of Alfred L. Blake and Sons, Inc., to Mr. Eley, who, relying upon said representations was induced to purchase a residence.
The facts as developed from the plaintiff's standpoint are that Mr. and Mrs. Eley agreed to purchase from the Westover Court Corporation through Alfred L. Blake and Sons, Inc., agents, a residence, for the sum of $5,016 upon the installment plan. Previous to this contract the firm of Rose and Lafoon had commenced a real estate development known as Westover Court. A number of bungalow houses had been constructed and sold for around $5,000, and in each of them a sufficient heating plant had been installed.
Later, due to the shortage of materials and inability to get the best equipment, Rose and Lafoon, in the place of installing heating plants like those previously installed in their houses, were forced to turn to a new furnace known as the Fluemaster. N. W. Martin and Brothers, heating contractors, made a price upon the Fluemaster to the builders, which was accepted, and the Fluemaster was installed in some fifty houses for the Westover Court Corporation. This corporation had succeeded to theright, title and interest of the firm of Rose and Lafoon in the development, and continued the construction of other houses.
The Westover Court Corporation employed Alfred L. Blake and Sons, Inc., of which I. Norris Blake was the secretary and a director, to make sale of these houses. Alfred L. Blake and Sons, Inc., had a number of salesmen engaged for the purpose of making sale of lots and houses in this development. Among them was one J. T. Keuster. All of these agents operated under the direction and instruction of Mr. I. Norris Blake.
Mr. and Mrs. Eley bought their property on August 23, 1943, at which time the dwelling was not entirely completed. Mr. Eley had been approached by the agent, J. T. Keuster, who showed him the house, at which time Mr. Eley made inquiry of Mr. Keuster regarding the heating plant. Mr. Keuster then informed Mr. Eley that the heating plant was adequate and would give good service. He represented to Mr. Eley that it would heat the house to seventy degrees in zero weather. Mr. Eley testified that he relied on this representation as to the furnace and was induced thereby to enter into the contract for the purchase of the property.
When cold weather came a fire was built in the furnace to give it a try-out and it was then learned that the system was...
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