Terry v. Rich
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Action by C. A. Terry and others against J. M. Rich for breach of covenant of warranty. Judgment for defendant on demurrer, and plaintiffs appeal.
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Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Action by C. A. Terry and others against J. M. Rich for breach of covenant of warranty. Judgment for defendant on demurrer, and plaintiffs appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The description contained in the deed is as follows: 7 acres in the NE corner of NE% of SEl/4, § 7, commencing at Grissom Ferry Road, thence the Turner Gin Lot the line to a ditch, thence ditch the line to William Davis line, thence William Davis line east to Grissom Ferry Road, then said road to corner of Turner…
1Opinion of the CourtAnderson, C. J.
(1, 2) “The general rule is that when specific or designated tracts or parcels of land are sold as a whole for a gross sum, and there is no express or implied warranty as to quantity, the transaction is termed a sale in gross. In such a sale quantity is not of the essence of the contract, and in the absence of fraud or gross mistake the purchaser is entitled to no diminution or abatement of the purchase price, if the quantity of land is subsequently ascertained to be less than was supposed or estimated at the time of the sale. — Winston v. Browning, 61 Ala. 80; Hodges v. Denny, 86 Ala. 226,…
2Cases cited11 opinions
- Hodges v. DennySupreme Court of Alabama · 1888
- Winston v. BrowningSupreme Court of Alabama · 1878
- Frederick v. YoungbloodSupreme Court of Alabama · 1851
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
- Prestwood v. McGowinSupreme Court of Alabama · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Manning v. CarterSupreme Court of Alabama · 1917
- Hill v. JohnsonSupreme Court of Alabama · 1925
- Williams v. Johns-Carroll Lumber Co.Supreme Court of Alabama · 1939
- Bankhead v. JacksonSupreme Court of Alabama · 1952
- Little v. ThomasSupreme Court of Alabama · 1920
6 more not listed; retrieve them via the Exa API.