Merritt v. McIntyre and McIntyre Garden Center and Greenhouse Company

RAPER, Chief Justice.

In this appeal, we are presented with two issues. First, is the seller of real property answerable to the buyer for hail damage which occurred to that real property between the time the parties entered into a contract for sale and the closing date? Second, where the seller of real property conveys more land than he intended to convey to a buyer because of a mistake made by surveyors hired by the seller, is there a mutual mistake requiring buyer to either convey back the excess property or pay seller additional compensation?

This case arose out of the purchase of a small…