Mitchell v. Pinckney

Citations

• 13 S.C. 203
• 1880 S.C. LEXIS 40

Syllabus

<p>1. In sales of land, particularly by public officers, a warranty cannot be implied; and, therefore, to an action for the purchase money, the defence of failure of consideration growing out of a breach of the contract, cannot be sustained. Chses cited.</p> <p>2. But where there is a misrepresentation as to quantity which misleads a purchaser exercising proper diligence, he is entitled, in an action for the purchase money, to an abatement for the value of the deficiency.</p> <p>3. Where, however, the purchaser, aftef his bid, becomes informed of the deficiency, and then complies with the terms of sale by giving his bond and mortgage and accepting title deeds, he thereby waives such defect.</p> <p>4. Having taken possession, the expenditure meanwhile of large sums upon the property, and a notification to the officer .who made the sale that an abatement would be claimed on account of the deficiency, does not affect the waiver.</p>