Wood v. Murphy
Missouri Court of Appeals
Appeal from the Schuyler Circuit Court. — Kon. Andrew Ellison, Judge. Where the owner of a farm innocently but untruly states the quantity of land contained therein, and a purchaser relying thereon enters into a contract and takes a deed, and subsequently discovers that the quantity is less than stated, he is entitled to compensation. This is the prevailing rule even though the words “ more or less” are added.
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Appeal from the Schuyler Circuit Court. — Kon. Andrew Ellison, Judge. Where the owner of a farm innocently but untruly states the quantity of land contained therein, and a purchaser relying thereon enters into a contract and takes a deed, and subsequently discovers that the quantity is less than stated, he is entitled to compensation. This is the prevailing rule even though the words “ more or less” are added. The presumption is that the ■element of quantity enters into the transaction and affects the consideration agreed to be paid, and is deemed material by the parties although the sale is…
1Opinion of the CourtGill, J.
On December 12, 1889, defendant Murphy sold and conveyed by warranty deed to plaintiff Wood a tract of land adjoining the town of Lancaster, Missouri, for the gross sum of $5,750. In the deed the land *543was described, by its governmental subdivisions, excepting therefrom, in a description by metes and bounds, a half acre adjoining the town site, which was reserved by the grantor. At the conclusion of these descriptive portions of the deed, these words were added, “containing two hundred and sixty-one, and twenty-seven hundredths acres.” Several months after the making of this purchase plaintiff…
2Cases cited6 opinions
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Morgan v. PorterSupreme Court of Missouri · 1890
- Third National Bank v. OwenSupreme Court of Missouri · 1890
- Ware v. JohnsonSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hendricks v. VivionMissouri Court of Appeals · 1906
- Fickbohm v. SchoonoverMissouri Court of Appeals · 1970
- Cantrell v. McDonaldSupreme Court of Missouri · 1967
- Jeffords v. DreisbachMissouri Court of Appeals · 1913
- Adkins v. QuestMissouri Court of Appeals · 1899
10 more not listed; retrieve them via the Exa API.