Grayson v. Buchanan
Supreme Court of Virginia
Error to judgment of circuit court of Smyth county, rendered April 5th, 1889, in an action wherein Eranklin Grayson was plaintiff'and Thomas M. Buchanan was defendant. This was an action of debt on two bonds for $1,000 each,' executed by the defendant to the plaintiff for the last two deferred payments of purchase-money for a certain tract of land situate in that county.
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Error to judgment of circuit court of Smyth county, rendered April 5th, 1889, in an action wherein Eranklin Grayson was plaintiff'and Thomas M. Buchanan was defendant. This was an action of debt on two bonds for $1,000 each,' executed by the defendant to the plaintiff for the last two deferred payments of purchase-money for a certain tract of land situate in that county. In the written contract between the parties for the land, the tract is described as the Kelley tract and “ containing 140 acres, more or less,” for which the defendant agreed to pay the sum of $6,000. It does not appear that…
1Opinion of the Court
Lewis, P.,
delivered tlie opinion of the court.
The doctrine is established by numerous decisions of this court that the use of the words “ more, or less,” or “ supposed to contain so many acres, more or less,” in a deed or contract for land, will not relieve the vendor or vendee, as the case may be,- from the obligation to make compensation for an excess or deficiency beyond what may be reasonably attributed to small errors from variations of instruments or otherwise, unle'ss, indeed, a contract of hazard was intended. But in the absence of proof that it was, the presumption is that it was…
2Cases cited4 opinions
- Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
- Mauzy v. SellarsSupreme Court of Virginia · 1875
- Benson v. HumphreysSupreme Court of Virginia · 1881
- Fleming v. TolerSupreme Court of Virginia · 1851
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- Logwood v. HollandSupreme Court of Virginia · 1921
- Kinzie v. Riely's ExecutorsSupreme Court of Virginia · 1902
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