Budlong v. Cunningham

This was an action on the case for alleged deceit as to the quantity of land contained in lots 5 and 6, in block 6, of Wagner’s second addition to the city of Aurora, cmveyed by appellant to appellee on March 8, 1878. At the December term, 1880, plaintiff obtained a verdict for $280.94 damages, on which the court, after overruling a motion to set it aside, entered judgment, and the defendant appealed. ’

Only the last count in the declaration is relied on, and that on its face is of doubtful sufficiency. There was also a variance between the allegation and proof as to the contract by which…