B & R DEVELOPMENT, INC. v. Rogers

CORNELIUS, Chief Justice.

B & R Development, Inc., brought suit against Yandell Rogers, Jr., to recover $20,-070.00 which allegedly represented an overpayment for land which B & R and its associate Whitmire had purchased from Rogers. The petition alleged that B & R and Whitmire agreed to purchase the land, by the acre, for a consideration of $3,000.00 per acre, and that upon Rogers’ fraudulent and false representations that the land contained 90 acres, they paid $270,000.00 therefor, whereas in fact the land contained only 83.31 acres. The prayer sought actual damages of $20,070.00…