Davis v. Clark

The opinion of the court was delivered by

The Chancellor.

The writ of error in this case is brought to reverse a judgment of'non-suit in an action of assumpsit brought to recover damages for the alleged deficiency in quantity of land (a farm in Gloucester county,) sold and coveyed by the defendant to Josiah Davis, the plaintiff’s intestate, in 1864. The plaintiff avers that the vendor sold and the vendee bought the property as containing two hundred and forty-four acres, while, in fact, it contained only about two hundred and twenty-four. The alleged deficiency was not discovered until nine or…