Austin v. Sanders

I regret to say that I cannot concur in the majority opinion or in its results. It places the conclusion to affirm the decree complained of upon two grounds:

1. Because the evidence does not show that there was any misrepresentation on the part of the appellee as to the quantity of land.

2. Because the evidence does not show that the sale was expressly or impliedly a sale by the acre.

1. As to the second ground referred to (which will be first considered) :

Since the opinion of this court delivered by Judge Baldwin in the leading case on this subject in Virginia of Blessing v. Beatty, 1 Rob. (40…