Legal Opinion

Estes v. Odom

Supreme Court of Georgia

Decided April 24, 1893PublishedCited by 41 opinions

Before Judge Richard H. Clark. Clayton superior court. March term, 1892. The petition of Odom alleged: He bought from Estes a tract of land which Estes represented as containing forty-one and a quarter acres. He paid part cash, gave his notes for the balance, and took a bond for titles, in which the land was described as containing forty acres more or less.

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Before Judge Richard H. Clark. Clayton superior court. March term, 1892. The petition of Odom alleged: He bought from Estes a tract of land which Estes represented as containing forty-one and a quarter acres. He paid part cash, gave his notes for the balance, and took a bond for titles, in which the land was described as containing forty acres more or less. He paid $27.50 per acre and in all $1,100. After he had paid all the purchase money •except a note for $200, and. after the note had been traded to one Kuglar, his attention was called to the fact that the tract only contained thirty-two…

1Opinion of the Court

Bleckley, Chief Justice.

1. The code, §2642, reads thus: “In a sale of lands, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. If the sale is by the tract or entire body, a deficiency in the quantity sold cannot be apportioned. If the quantity is specified as “more or less,” this qualification will cover any deficiency not so gross as to justify the suspicion of willful deception, or mistake amounting to fraud; in this event, the deficiency is apportionable: the purchaser may demand a rescission of the sale or an apportionment of the price…

2Cases cited1 opinion

  1. Smith v. KirkpatrickSupreme Court of Georgia · 1887

3Cited by41 opinions

  1. Zeeman v. BlackCourt of Appeals of Georgia · 1980
  2. Spreckels v. GorrillCalifornia Supreme Court · 1907
  3. Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
  4. Tuttle v. StovallSupreme Court of Georgia · 1910
  5. Kendall v. WellsSupreme Court of Georgia · 1906

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