Jones v. Plater
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill was filed by the appellee on the 9th October 1832, and alleged that John R. Plater, on the 30th November 1817, sold to a certain John Darnall, a part of a tract of land called “Great Elkton Head Manor,” containing 988| acres, more or less, at and for the sum of <§>9 per acre, as per exhibit A. That J. D. paid a part of the purchase money, and died. The appellants were his personal representatives.
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Appeal from the Court of Chancery. The bill was filed by the appellee on the 9th October 1832, and alleged that John R. Plater, on the 30th November 1817, sold to a certain John Darnall, a part of a tract of land called “Great Elkton Head Manor,” containing 988| acres, more or less, at and for the sum of <§>9 per acre, as per exhibit A. That J. D. paid a part of the purchase money, and died. The appellants were his personal representatives. The bill prayed a discovery of the assets of DarnalVs estate, and payment of a balance oí purchase money, after an account had between the representatives…
1Opinion of the CourtArcher, J.
The determination of this case depends on the construction of the contract of the parties, of the 30th of November 1816. The question to be decided is, whether the parties intended that the number of acres should be fixed by the contract, at 998J acres, or whether it was designed that the quantity should be ascertained by measurement and paid for, according to the number of acres the land should actually contain ? The words of the contract are : “ the said John R. Plater sells to the said John Harnall a part of a tract of land called Great Elk-ton Head Manor, including the mill seat and the…
2Cited by21 opinions
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