Mundy v. Hesson

209 S.E.2d 917, 215 Va. 386, 1974 Va. LEXIS 297
CourtSupreme Court of Virginia
DecidedDecember 2, 1974
DocketRecord 730947
StatusPublished
Cited by11 cases

This text of 209 S.E.2d 917 (Mundy v. Hesson) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mundy v. Hesson, 209 S.E.2d 917, 215 Va. 386, 1974 Va. LEXIS 297 (Va. 1974).

Opinions

Compton, J.,

delivered the opinion of the court.

This appeal reviews the trial court’s denial of the purchasers’ request for specific performance of a contract for the sale of real estate which came into existence by the exercise of an option to purchase.

The plaintiffs, William S. Mundy, III, and Patricia W. Mundy, his wife, alleged in their bill in equity that they properly exercised an option agreement for the purchase of two tracts of land in Amherst County, Virginia, from the defendants, Lawrence A. Hesson and Martha T. Hesson, his wife. The Mundys asserted that by their acceptance of the option, a valid and enforceable contract of sale was created, that they have been willing and ready to perform the contract, that the sellers have [387]*387.refused to comply with the option agreement and sales contract, and, therefore, that they are entitled to have the agreement specifically enforced.

In their answer, the defendants admitted the granting of the option, denied that the plaintiffs properly exercised the option, and denied that the plaintiffs were able or ready or willing to pay the purchase price according to the terms of the agreement.

After hearing the evidence ore terms, the chancellor, in a written opinion, found in favor of the defendants, and we granted the purchasers an appeal from the final decree which denied specific performance.

Mundy, an attorney at law and a member of the bar since 1968, had been personally acquainted with the Hessons “for a long time” and familiar with the property since he had hunted over “every other foot” of the larger tract for about twenty years. Several days prior to the execution of the option in question, Mundy went to see Hesson at his store in Riverville, Virginia, and asked Hesson if he would sell the Ranch Tract consisting of 842 acres. Hesson refused to sell the Ranch without selling the store property, a separate parcel of about three acres. Even though Mundy was not interested in the store which Hesson said had $4,000 worth of goods in it, he nevertheless agreed to include it in the option. The price set was $75,000 for the Ranch and $16,000 for the store and its stock of goods.

Mundy drew the option and in several days returned with his wife to Hesson’s store where the agreement was executed by the Hessons on July 24, 1972. After handwritten changes in the typed draft were made at Hesson’s request, the option provided:

“OPTION
“We, the undersigned, hereinafter referred to as Grantors, in consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged do hereby sell, give and grant unto William S. Mundy, III, and Patricia W. Mundy, Grantees, the exclusive right and option to purchase that certain property owned by the Grantors in Court House Magisterial District, Amherst County, Virginia, and more particularly described as follows:
4
852 acres, more or less, and known as the Ranch Tract lying between Riverville and Amherst, Virginia, and a 3-acre [388]*388tract at Riverville being better known as Hesson’s store and all appurtenances and privileges thereunto belonging

at and for the price of Ninety-one Thousand Dollars ($91,000).

60 days

This option shall remain in effect for a period of si-x--(6) months from the date thereof, during which time the Grantees may exercise this option.
“Said option if exercised will include the stock of trade in Hesson’s Store, valued at approximately $4,000, and all fixtures and other store equipment necessary to the operation of said store and now located on the said premises including but not limited to scales, coolers, freezers and Jeep truck--. Should the option be exercised it wiiHnclude also all of lire' logging equipment now in the possession of the Grantors including but not limited to trucks, saws and crawler tractors.
“Grantors agree that the Grantees may enter upon the property to inspect or to test the soil or other conditions at any time during the term of this option. Should Grantees exercise this option, the consideration mentioned above shall be credited against the purchase price specified for the property. In the event that the Grantees exercise this option the Grantors agree to deliver unto the Grantees a General Warranty Deed. In the event that the option is exercised the Grantors agree to allow Grantees a reasonable time to have Title examined and should any defects be found Grantors agree to remedy them within a reasonable period of time.
“WITNESS the following signatures and seals this 24th day of July, 1972.”

When requiring the change from six months to sixty days, Hesson told Mundy that he “wouldn’t sign the place up for no six months, [he] would give him sixty days and that was all.” Nothing was discussed about the manner and method of payment of the purchase price. Mundy represented to Hesson that his father-in-law, a nonresident, “had plenty of money” and that “he could get all he wanted,” so Hesson, contemplating a cash transaction, made no inquiry of Mundy on that subject.

On September 12,1972, Mundy wrote the Hessons as follows:

“Dear Mr. & Mrs. Hesson:
“This is to notify you that William S. Mundy, III and Patricia W. Mundy wish to exercise their option to purchase that [389]*389certain property owned by you and described in an OPTION dated July 24, 1972. Said property is 842 acres and Hesson’s Store.
“Please get in touch with the undersigned to set up a date to go over the mechanics of the transfer. A copy of your Deed is also necessary so that a Title Search may be made prior to closing.”

On September 19, 1972, Hesson went alone to Mundy’s office to “settle up with him.” Hesson stated he was ready to perform on that day by delivery of the executed deeds to the property, although the deeds had not been prepared. He had the old deeds conveying the property to him under the seat of his car parked outside Mundy’s office. Hesson testified that he could have had the deeds prepared in an hour if Mundy had been ready to pay the $91,000. He further stated that “I asked him about the 91,000 and he said all he could scrape up then was $20,000.00. So I told him that ‘no deal’ on $20,000 . . . He wanted to pay me 20,000 and I would deed the places to him and I wouldn’t agree to that at all.” Hesson then left Mundy’s office and there was no communication between the parties for more than two months thereafter.

During August of 1972, rumors had begun to circulate in the area about industrial development being planned for the Riverville area, although Hesson testified that “nobody actually knew anything [definite about the plans] until sometime in December.”

During the Fall of 1972, Hesson, considering the transaction ended, continued to cut pulpwood from the property, continued to sell merchandise from the store and in October granted another option to a third party on the store property which was never exercised.

On December 5, Mundy mailed Hesson, without a cover letter, drafts of deeds to the property in question prepared by another attorney who had examined the title at Mundy’s request. Mundy admitted that he then knew “the plant was coming in.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wilson v. City of Salem
50 Va. Cir. 429 (Salem County Circuit Court, 1999)
Thomas F. Fricke v. Rosanne Fricke
Court of Appeals of Virginia, 1997
Hinkell v. Adams
378 S.E.2d 621 (Supreme Court of Virginia, 1989)
Durrette v. Durrette
288 S.E.2d 432 (Supreme Court of Virginia, 1982)
Featherstone v. Brooks
258 S.E.2d 513 (Supreme Court of Virginia, 1979)
Carpenter v. Carpenter
257 S.E.2d 845 (Supreme Court of Virginia, 1979)
Hall v. Schrum
17 Va. Cir. 539 (Henrico County Circuit Court, 1979)
Knick v. Humphries
30 Va. Cir. 491 (Alleghany County Circuit Court, 1977)
McCauley v. Phillips
219 S.E.2d 854 (Supreme Court of Virginia, 1975)
Mundy v. Hesson
209 S.E.2d 917 (Supreme Court of Virginia, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
209 S.E.2d 917, 215 Va. 386, 1974 Va. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mundy-v-hesson-va-1974.