Stern v. . Benbow

The facts are stated in the opinion. The jury found, in response to the issues submitted, that the defendant contracted to sell and the plaintiff contracted to buy the lands referred to in the complaint and included in the survey set out in the complaint; that the defendant represented to the plaintiff and guaranteed him that there were 100 acres in the tract, and the plaintiff, so believing, was induced to contract to pay therefor $5,850; that, in fact, the tract contained only 78 3-100 acres; that the plaintiff would not have bought the lands if he had known at the time that the area was…