Biltmore Land Co. v. Roney

The Biltmore Land Company brought suit at law against Edward C. Roney and Rosemary T. Roney to recover amount due on a land contract, covering lot 150 in a subdivision. Defendants, by plea, set up rescission by them on account of a shortage of land in the lot, through a mistake in the plat lines, and by notice of set-off and recoupment asked judgment against plaintiff for all sums paid on the contract. In reply plaintiff admitted a shortage by reason of error in the plat and set up the quantity thereof, averred ability to supply a part of the shortage and willingness to submit to a reasonable…