Paisley v. Hatter

Opinion op the Coubt by

Chief Justice Hobson

Beversing.

On July 15, 1905, D. H. Hatter conveyed to C. C. Paisley a tract of land for $1,500, the land being described in the deed by metes and bounds, the description concluding with these words: “Containing 100 acres, more or less, sold in gross and not by the acre.” On June 22, 1910, Paisley brought this suit against Hatter charging that there was a deficiency of 13 acres worth $20 an acre; that the tract only contained 87 acres of land, when by a mistake it was sold to him as a tract of 100 acres. He prayed judgment for $260 for the deficiency.…