Rackham v. Koch

This is the chief question in this case: Is a vendor of a tract of land liable in damages to the vendee when the latter makes a personal examination of the land, and the visible boundaries are shown to him and the vendor represents as a fact that there are *452a definite number of acres in the tract, whereas it later develops that there is a substantial shortage of acres, and the vendee relies on such representations.

The defendants owned a tract of land in Thurston county which they desired to sell. They showed it to the plaintiffs on two different occasions. All of the land was cleared and under…