Kendall v. Wells

Two controlling questions are raised in this case: (1) Were the allegations of deficiency in the number of acres contained in the tract of land conveyed alone sufficient to show that the plaintiff was entitled to recover; (2) if not, were the allegations as to misrepresentation or fraud in regard to quantity sufficient ? In 2 Devlin on Deeds (2d ed.), § 1044, it is said: “In the description of land it is usual, after the description by metes and bounds or subdivisions, to add a clause stating that the land described contained so many acres. But unless there is an express covenant that there…