Kirkland v. Brewton

1. Where land is sold by the tract, and in the bond for title evidencing, the sale it is recited, merely as a part of the description, that the land contains so many acres, “more or less,” the vendee, when sued for the purchase price or a balance thereof, cannot have an apportionment of the price on account of an alleged deficiency in the acreage, without alleging and proving actual fraud on the part of the vendor. Montgomery v. Robertson, 134 Ga. 66 (1) (67 S. E. 431).

2. In such a case the part of the Civil Code (1910), § 4622, which defines constructive fraud is inapplicable, and, standing…