Fleming v. Miller

This suit was for specific performance of a contract of sale of real estate, and the defense was that the seller had stated there .were from two hundred forty to two hundred fifty acres in the place, whereas in truth there were only about two hundred eleven acres. The chancellor decreed for the complainant. The case was affirmed on a former day without a written opinion.

A suggestion of error has been filed which suggests that' the affirmance was in conflict with the case of Allen v. Luckett, 94 Miss. 868, 48 So. 186, 136 Am. St. Rep. 605, and other cases in this state and other states. It is…