Purdy v. Underwood
Oregon Supreme Court
From Clackamas: James U. Campbell, Judge. Statement by Mr. Justice Moore. This is an action to recover damages for alleged fraudulent representations. The facts involved are that on June 29,191U, the defendant was the owner in Marion County, Oregon, of a tract of land the boundaries of a part of which he pointed out to the plaintiff telling him the real property contained 112.5 acres.
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From Clackamas: James U. Campbell, Judge. Statement by Mr. Justice Moore. This is an action to recover damages for alleged fraudulent representations. The facts involved are that on June 29,191U, the defendant was the owner in Marion County, Oregon, of a tract of land the boundaries of a part of which he pointed out to the plaintiff telling him the real property contained 112.5 acres. The price demanded by the defendant was $55 an acre, but he offered to take in cash $50 and thereupon a bargain was concluded whereby the plaintiff paid $5,625 and received a warranty deed describing the…
1Opinion of the CourtJustice Moore
This action is not founded upon an alleged breach of warranty as to the number of acres specified in the deed, which instrument it will be remembered limits the premises particularly described by metes and bounds, by the clause “and containing in all 112% acres of land, more or less. ’ ’ A text-writer in speaking of such a restriction says:
“When land is described, and the quantity is stated with the qualification ‘more or less’ these words are used as an approximate designation of the quantity contained within the boundaries, and do not refer to the state of the title”: Devlin on Deeds, §…
2Cases cited22 opinions
- Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
- Cawston v. SturgisOregon Supreme Court · 1896
- McKay v. McCarthySupreme Court of Iowa · 1909
- Blumauer-Frank Drug Co. v. Horticultural Fire ReliefOregon Supreme Court · 1911
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Selman v. ShirleyOregon Supreme Court · 1938
- Heise v. Pilot Rock Lumber Co.Oregon Supreme Court · 1960
- Libby Creek Logging, Inc. v. JohnsonOregon Supreme Court · 1960
- Murray v. WileyOregon Supreme Court · 1942
- Ward v. JensonOregon Supreme Court · 1918
14 more not listed; retrieve them via the Exa API.