Cunningham v. Miller

Plaintiffs purchased a house and surrounding land in Thetford Center, Vermont from defendant, Walter Miller. Based on sales representations, the plaintiffs believed the land to contain 20 acres. A subsequent survey showed the actual size to be 15.5 acres. On learning of the acreage discrepancy, the plaintiffs brought this action seeking actual and punitive damages based on a number of theories.

The trial court, sitting without a jury, found that plaintiffs failed to prove a fraudulent misrepresentation of the acreage. The court found that the acreage discrepancy was caused by a mutual mistake…