Lindsay v. Smith

Plaintiff sued to recover damages for an alleged deficiency in the area of land defendant conveyed to Mm by warranty deed. The cause pleaded in the first count of the petition is a breach of warranty and in the second, false and fraudulent representations respecting the acreage of the tract. A jury was waived and after hearing the evidence the court found for plaintiff on the first count and for the defendant on the second. Judgment was rendered accordingly and defendant appealed. The judgment is founded on the conclusion that the land was warranted in the deed to contain 19% acres while, in…