Martin v. Peddy

3?ish, P. J.

1. In a sale of timber growing upon land, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. See Civil Code, § 3542. This is true although both parties have an equal opportunity to judge for themselves as to the number of acres, and act in good faith.

2. If a sale of growing timber be at a stipulated price per acre, a given portion of the purchase-money to be paid in advance, the balance when half the number of acres — to be determined by a survey — shall be cut by the venadee, and upon such a survey it is ascertained that the actual…