Calhoun v. Teal

The opinion of the court was delivered by

Blanchard, J.

In January 1888 the plaintiff sold to defendant a tract of land under agreement amounting to guaranty that within the boundaries describing the land would be found the quantity of 250 acres

The sale was made for the price of $1,750, or $7.00 per acre. If the area exceeded 250 acres, the vendee was to pay for the excess at the rate of $7.00 per acre.

After the vendee went info possession a survey was made and the surveyor reported, only ,198.65 acres in the tract,'or a deficiency of 51.35 acres.

Whereupon the vendee made reclamation upon the…