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Clay v. Landreth

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.187 Va. 169, 45 S.E.2d 875 (1948)

Brief Fact Summary. In this case Landreth (Defendant) entered into a contract with Clay (Plaintiff) to purchase a lot for the purpose of building a storage unit, however the land was later rezoned for residential use only.

Synopsis of Rule of Law. When something has intervened which ought to prevent it, the doctrine of equitable conversion will not be applied. It does not exist as a matter of right and is not applicable to all circumstances.


Facts. Defendant entered into a contract with Plaintiff to purchase lot for the purpose of building a storage unit thereon for ice cream and frozen fruits. Between the time of the contract and the delivery of the deed to the city of Roanoke, Virginia rezoned the lot for residential use only. The Plaintiff sued the Defendant for specific performance, which was denied in the trial court. Plaintiff appealed.

Issue. Under the circumstances, should specific performance be ordered?

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