Triplett v. Allen

Citations

• 26 Va. 721
• 26 Gratt. 721

Syllabus

<p>1. A case in which a sale of land was held, upon the written contract and the evidence, to have been a sale by the acre, and not a sale in gross; and the vendor was bound to make good the deficiency in the quantity at the average value of the whole tract per acre.</p> <p>2. The conveyance of the land, after giving the number of acres, adds the words “more or less.” These words will not relieve the vendor or vendee, as the case may be, from the obligation to make compensation for an excess or deficiency, beyond what may be reasonably attributed to small errors from variation of instruments or otherwise, unless there be evidence to show that a contract of hazard was intended.</p> <p>3. Ten acres, in a tract of 166 acres, where the land is worth fifty dollars an acre, is not one of these small deficiencies to be covered by the phrase “more or less.”</p>