Lambert v. Smith

Appellants, purchasers of certain land from appellees, sought to recover from the latter part of the purchase price of the land, contending that, although the sales contract recited a lump sum price it was based upon a square foot valuation and they were induced to sign it by representation of the sellers’ agent that the area was greater than the appellants later found it to be. The action was laid in deceit because of the agent’s alleged misrepresentation. At the end of appellants’ (plaintiffs’) case the trial court directed a verdict for the defendants, appellees.

The essential facts are…