Mount v. Harrell

Citations

• 107 La. 481

Syllabus

<p>Syllabus.</p> <p>Tracts of land were sold by defendant to plaintiffs and each tract, except one, was sold as containing a stated number of acres.</p> <p>The vendor, when the parties met to complete the deed, swore that he said to the vendees that he was not prepared to give correct descriptions of the land and that vendees requested him to complete the deed by describing the tracts as correctly as possible. This was not contradicted.</p> <p>The vendor sold all the land he owned in the locality named. The vendeesclaim that there is a deficiency and sue for diminution of the price. There is deficiency in the number of acres in the tracts named, but there is no deficiency if all the lands in the locality, not designated by the names and the number of acres, is taken into account.</p> <p>Beld — That in making up the'total number of acres sold, defendant is entitled to include the acres not described with those described. All the tracts were of about equal value per acre and the nature of the land about the same.</p>