Doner v. Deal

Citations

• 104 Kan. 793
• 180 P. 766
• 1919 Kan. LEXIS 362

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Land — Misrepresentation of Number of Acres — Recovery for Deficiency in Quantity. Where the agreed price for the purchase of a farm was based upon a stated number of acres, a misrepresentation as to the number of acres which the farm actually contained will give the purchaser of the farm a right of action to recover the consideration paid for the land represented by the deficiency in quantity, following Maffet v. Schaar, 89 Kan. 403, 131 Pac. 489.</p> <p>2. Appeal — Trivial Deficiency. A slight discrepancy in a jury’s computation of figures, which was too trivial to be specifically called to the trial court’s attention, will not be disturbed on appeal.</p>