Record No: 140305
(As published by the Virginia Supreme Court)
A circuit court’s decision to award equitable relief against a wife in a rescission action relating to a couple’s sale of real property – where there was no evidence of wrongdoing on her part and no basis for an award of equitable relief against her – is reversed. In this companion case to Record No. 140301, no consequential damages were awarded against the wife, and no error was assigned to the failure to award such recovery. None of the relief sought in the plaintiffs’ assignments of cross error apply to the wife in this case, and those assignments are dismissed as improvidently granted. The judgment of the trial court is reversed and the case is remanded for further proceedings consistent with this opinion.