Gragg v. Levi

Opinion of the Court by

Judge Sampson

Reversing.

*183In 1908 Gragg sold Levi a. tract of land supposed to contain 98 acres at $90.00 per acre, with the agreement that the boundary should be surveyed by a named surveyor and acreage ascertained. The surveyor reported that the boundary contained 104-80/100 acres, and Levi paid Gragg $90 per acre, for that number of acres, and immediately took possession of the tract. In 1915 Levi died the owner of the tract, and appellees, his sons, having sold the land in 1916, 'caused it to be surveyed, and found that it contained only 98 acres, a deficit of…