Newman v. Kay
West Virginia Supreme Court
Appeal from Circuit Court, Fayette County. Bill by W. C. Newman and others against James Kay and others. Decree for plaintiffs, and defendants appeal.
1Concurrence
BRAsnsrojsr, President,
{concurring)-.
EXCESS.
Take the case of a deed conveying' a tract of land either not specifying, or simply specifying, quantity; without any qualifying words affecting the quantity, there being no fraud. Shall the grantor have either pay or rescission on the ground of excess in quantity?
Such a deed is a sale in gross, that ;is, one of hazard or risk as to quantity. Crislip v. Cain, 19 W. Va. 438; Depue v. Sergent, 21 W. Va. 326; Hansford v. Coal Co., 22 W. Va. 70; Pratt v. Bowman, 37 W. Va. 715. The statement of quantity, in such a deed, is descriptive of the tract, not a…
2Cases cited10 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875
- Hansford v. Chesapeake Coal Co.West Virginia Supreme Court · 1883
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Pratt v. BowmanWest Virginia Supreme Court · 1893
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