Doner v. Deal

The opinion of the court was delivered by

DAWSON, J.:

The plaintiff sued the defendant for the value of a deficiency in the acreage of a farm conveyed by defendant to plaintiff. It was alleged that defendant represented that the farm contained 237 acres, and the purchase price was $23,700. The farm consisted of a. quarter section and an eighty-acre tract on the southeast cornering therewith. A railway runs down near the western limits of the quarter section and turns eastward at the southwest corner, cutting off about three acres. On this account the farm was represented to contain 237 acres.…