Martin v. Ott

The opinion of the court was delivered by

Dawson, J.:

-This action arose over the purchase and sale of a small farm in the Kaw Valley near Eudora. There was a considerable shortage in the actual acreage from that described in the conveyance, and the main question was whether the farm was sold in gross or as a represented number of acres. The land was conveyed as “Lots 1 and 2 in S. W. fractional quarter of 32-12-21 East, containing 65 acres more or less.”

Plaintiff alleged defendant’s fraudulent and intentional misrepresentation that the farm contained 65 acres more or less, “meaning thereby…