Koch v. Bird

I cannot agree with thq conclusions of fact or law expressed by Justice Stone in his opinion. Before complainant had any considerable talk with Mr. Bird, he had been over the farm; he knew it was bounded on the east by an open ditch, on the north by a railroad, and upon the other sides by a highway. The parties do not agree about what was said about the acreage. It is clear Mr. Bird never had the farm surveyed, and it is not clearly shown that any one else had it surveyed with the desire to learn its accurate acreage until complainant had it done. The defendant testified, among other things,…