Cushenbery v. Waite-Phillips Co.

Laying altogether to one side the many decisions from other jurisdictions which seem to me to support appellants’ main contentions, and to which I find no adequate answer in the briefs and arguments for defendants, I am unable to.discern a fundamental distinction between the present cases and our prior decisions which hold that in contracts involving land descriptions the calls for quantity will prevail over descriptions in terms of government survey where such was the intention of the parties concerned.

In Mayberry v. Beck, 71 Kan. 609, 61 Pac. 191, it was said:

“(Johnston, C. J.:) . . .…