Dickson v. Mayer

This was a suit for diminution of price. The allegations of plaintiff’s petition being, substantially, that he acquired of tllte defendant.a certain tract of land for the price and consideration of $4000. or at the rate of $11.94-100 per acre and warranted to contain 335 acres; tihat the vendor was the owner ot but 287.40 acres and to that extent only was plaintiff put in possession of the property sold; that there is hence a shortage of 47.60 acres, the value of which, at the rate of $11.94 per acre, is sought to be recovered.

The answer sets up various defenses, the main defenses, however,…