Seymore v. Rice
Supreme Court of Georgia
New trial. Evidence. Before Judge McWhorter. Hart superior court. September term, 1891. The action was by Seymore against Eice to recover a portion of the price paid by the plaintiff to the defendant for land, because of an alleged shortage in the amount of it.
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New trial. Evidence. Before Judge McWhorter. Hart superior court. September term, 1891. The action was by Seymore against Eice to recover a portion of the price paid by the plaintiff to the defendant for land, because of an alleged shortage in the amount of it. The issue was as to whether the contract between the parties was for the sale of the land at a certain price per acre, or as a whole for a certain price provided the tract contained a certain number of acres, or whether the contract was for the sale of the land as a whole at an agreed price; it being alleged by the plaintiff and denied…
1Opinion of the Court
*372 Judgment affirmed.
It appears that the sale was made on August 16,1884, when the plaintiff took from the defendant a bond for title conditioned to convey the land as containing “one hundred and seventy acres, be the same more or less, and bounded by Thomas Butler, W. Ashworth, A. 0. Daniel and J. S. Denny, and on the waters of South Fork of Mill Shoal creek.” On September 30,1887, the plaintiff received from the defendant a deed in consideration of $1,200, reciting the tract to contain “ one hundred and seventy acres more or less on Mill Shoal creek, bounded on west by lands of A. C. Daniel,…
2Cited by1 opinion
- Seymore v. RiceSupreme Court of Georgia · 1894