Lundy v. Hazlett

J. I. Lundy appeals from a judgment of five thousand eight hundred ninety-eight dollars and sixty-seven cents recovered against him by the appellee, Mrs. Lillie M. Hazlett, as damages in an action of deceit for false representation by Lundy that a certain tract of land contained three hundred sixty-six acres, which he sold to appellee for eighty dollars per acre, whereas the tract was about fifty acres short of the acreage represented by the seller,' Lundy, to the purchaser, Mrs. Hazlett.

The suit is not one to recover upon the warranty deed, but is an action in tort for deceit of the seller…