Wheeler v. Boyd

Citations

• 69 Tex. 293
• 6 S.W. 614
• 1887 Tex. LEXIS 821

Syllabus

<p>1. Evidence — Surveyor's Report. — The report of a surveyor who has been appointed by the court during the progress of a suit, is admissible in evidence only in suits instituted to try title to land.</p> <p>3, Vendor and Vendee. — When there is a misrepresentation by the vendor, or mistake as to the quantity of land sold, and in a suit to recover the contract price the purchaser claims a deduction on account of deficiency in quantity, his right is strictly to compensation, and not necessarily to an abatement in price proportionate to the surface deficiency.</p> <p>8. Sale oe Land. — If the land is sold in gross and the quantity stated in the deed is qualified by the words “more or less,” the purchaser is entitled in equity to relief, if the deficiency be great.</p> <p>4. Same. — When a vendor points out the land and shows its boundaries, pending negotiations for sale, and makes a sale in gross, each party having an equal opportunity to inform himself regarding the quantity, the purchaser can not claim an abatement of the purchase money on account of deficiency, if the vendor has neither made a fraudulent representation nor said any thing calculated to deceive an ordinarily prudent purchaser.</p> <p>■$. Fact Case. — See opinion for facts under which an abatement of the con- , tract price of land was improperly allowed.</p>