Dillahunty v. Keystone Savings Ass'n

On June 14, 1968, the plaintiffs, appellees herein, entered into an agreement with the defendant, appellant herein, whereby they agreed to purchase certain real estate located at 6809 North Main Street in Dayton, Ohio. On June 28, 1968, the defendant delivered to the plaintiffs a warranty deed .to the premises.

Throughout the negotiations and subsequent sale of the real estate, the parties proceeded upon the theory that the parcel contained 1.7 acres whereas, in fact, it contained only .85 acres,

In early 1969 the plaintiffs discovered the mistake, and thereafter, on September 22, 1970, they…