Trinkle v. Jackson

Citations

• 86 Va. 238
• 9 S.E. 986
• 1889 Va. LEXIS 31

Syllabus

<p>1. Sales oe Land—Rules as to compensation.—(1) Purchaser is entitled to compensation for deficiency in number of acres where land is sold at so much an acre; and this is so, though the land is neither bought nor sold, professedly, by the acre. (2) Where misrepresentation is made, though innocently, as to the quantitj, purchaser is entitled to have what vendor can give, and an abatement for deficiency. (3) Where conveyance mentions lands as containing so many acres, by estimation, or “more or less,” a small deficiency or excess will not he taken into account, and even a large excess or deficiency has not been considered a ground for relieving seller or buyer. Stebbins v. Eddy, 4 Mason, 414. (4) And where the real contract is to sell a tract of land, as it may contain more or less, fully understood to he so, purchaser takes the tract at the risk of gain or loss by deficiency or excess in the number of acres contemplated, and neither can resort to the other for compensation on the ground of either event. Cunningham v. Millner, 82 Va., 530.</p> <p>2. Idem—Sedes in gross—Case at bar—Held, the contract here is a sale of hazard, and purchaser is not entitled to compensation for the deficiency, although one of the several tracts, sold as one body, was wanting.</p>