Smock v. Fischel

David Fischel sued E. Smock for damages for alleged shortage in acreage of two fields of growing beets and one field of growing carrots, which plaintiff had purchased from the defendant. The defendant, in addition to a general denial, alleged that the vegetables had been sold on an acreage basis, and if in fact there was any shortage in acreage, it was due to a mutual mistake, for which he was .willing to compensate the plaintiff on an acreage basis. By way of cross-action he alleged that in an entireley different transaction he had sold plaintiff a 200-acre field of growing onions, which…