Hamilton v. Scully

After the sale of certain tracts of land, a survey developed, the fact, that the number of acres in the tracts sold exceeded! the number of acres, which the lands were supposed to contain at the time of the sale. This is an action of assumpsit,, brought to recover the value of the excess. The question involved depends upon the construction of the contract, hereinafter mentioned. Upon the trial of the cause, without a. jury, before the circuit court of Sangamon county, judgment, was rendered against defendant below, who is the appelleehere, for $3505.54. An appeal was taken to the…