Humphries v. Haydon

Opinion op the Court by

Stanley, Commissioner

Reversing.

This is an action for the recovery of $673.65, the-proportionate part of the consideration paid for a tract of land because of deficiency in the quantity.. The-question whether the sale was as a unit, irrespective of' the acreage, the parties risking the contingency of more or less area than'¡that described; or was a sale in gross with the purchaser relying upon representations as to the quantity was submitted to a jury. Marr v. Lawson, 290 Ky. 342, 161 S. W. (2d) 42. The verdict and judgment were for the defendants and the plaintiff…