Yost v. Mallicote's Adm'r
Supreme Court of Virginia
Appeal from decree of circuit court of Washington county, rendered 13th May, 1882, in suit of Lewis M. Yost against J. J. G-eisler, administrator of J. N. Mallicote, deceased. In August, 1877, Mallicote sold to Yost, at the price of $5,000, a tract of land in said county, which the vendor represented as containing certainly two hundred and forty, and probably two hundred and fifty acres, and for which, he said, he ought to have had at least twenty dollars per acre.
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Appeal from decree of circuit court of Washington county, rendered 13th May, 1882, in suit of Lewis M. Yost against J. J. G-eisler, administrator of J. N. Mallicote, deceased. In August, 1877, Mallicote sold to Yost, at the price of $5,000, a tract of land in said county, which the vendor represented as containing certainly two hundred and forty, and probably two hundred and fifty acres, and for which, he said, he ought to have had at least twenty dollars per acre. The land was conveyed, the cash payment made, bonds executed for deferred payments, and possession given. Judgment had on those…
1Opinion of the CourtLacy, J.
The .only question here before this court is what is the true measure of compensation for the deficiency in quantity of the land. The circuit court adopted the following method of ascertaining the compensation to be paid for the loss : ■
“ This is ascertained by estimating the value of the buildings on the premises at the date of the contract, and subtracting this value from the $5,000, contract price, and then estimating the price per acre, supposing the tract to contain two hundred and forty acres, based upon the balance of the contract price after deducting the value of the buildings. The…
2Cited by18 opinions
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