Henofer v. Realty Loan & Guaranty Co.
Supreme Court of North Carolina
Appeal by defendant from Finley, J., at February Term, 1919, of McDowell. This is an action to recover damages for a deficiency in the acreage of a tract of land purchased and paid for by the acre. The acreage was calculated from a map used by the defendant.
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Appeal by defendant from Finley, J., at February Term, 1919, of McDowell. This is an action to recover damages for a deficiency in the acreage of a tract of land purchased and paid for by the acre. The acreage was calculated from a map used by the defendant. The plaintiff contracted to buy, and the defendant to sell, at a certain price per acre, and the calculation of acreage, based on the map, showed 2,611 acres in all, and the plaintiff paid for that number of acres at the contract price. Both parties were under the honest but erroneous belief that the land.covered by the boundaries in the…
1Opinion of the Court
OiARic, O. J.
The judgment of tbe court that tbe plaintiff recover for tbe entire shortage of 714 13-16 acres at tbe purchase price of $2.50 per acre with interest is affirmed. Tbe defendant does not contest judgment for tbe 192 7-16 acres conveyed by tbe deed, as to which there was •a breach of warranty of title in tbe deed.
"Where land is bought by tbe acre, or there is a collateral agreement (which may be verbal) that tbe deficiency, if any, shall be made good, tbe Court will uphold tbe demand for a rebate, or for a return of tbe amount overpaid. McGee v. Craven, 106 N. C., 355; Sherrill v.…
2Cases cited9 opinions
- Sherrill v. . HaganSupreme Court of North Carolina · 1885
- Bethell v. . McKinneySupreme Court of North Carolina · 1913
- Galloway v. . GoolsbySupreme Court of North Carolina · 1918
- Stern v. BenbowSupreme Court of North Carolina · 1909
- Smathers v. . GilmerSupreme Court of North Carolina · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Crotts v. . ThomasSupreme Court of North Carolina · 1946
- Guy v. First Carolinas Joint Stock Land Bank of ColumbiaSupreme Court of North Carolina · 1933
- Duffy v. . PhippsSupreme Court of North Carolina · 1920
- Lantz v. . HowellSupreme Court of North Carolina · 1921
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