Hays v. Hays

— This was a suit by the appellee against the appellants to recover back part of the purchase-price paid for a certain described tract of land. The complaint proceeds upon the theory that the appellee purchased and paid for the land described at an agreed price per acre, and that the tract did not contain the quantity purchased and paid for by the appellee.

The complaint alleges that the appellants represented that the tract contained twenty-eight acres and forty hundredths of an acre, and that the appellee, relying thereon, purchased the same at the agreed price of one hundred dollars per…