Clippard v. Kneibert
Missouri Court of Appeals
Appeal from the Circuit Court of Cape Girardeau County 'Eon. Frank Kelly, Judge. (1) Either in case of fraudulent representations, or of mistake as to the quantity of land in a certain tract conveyed, and, the land is sold by the acre and there is a shortage in acres arising from mutual mistake, equity will grant the purchaser a proportionate abatement of the price, or, if the consideration has been paid, the purchaser may sue in equity and secure a judgment requiring the…
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Appeal from the Circuit Court of Cape Girardeau County 'Eon. Frank Kelly, Judge. (1) Either in case of fraudulent representations, or of mistake as to the quantity of land in a certain tract conveyed, and, the land is sold by the acre and there is a shortage in acres arising from mutual mistake, equity will grant the purchaser a proportionate abatement of the price, or, if the consideration has been paid, the purchaser may sue in equity and secure a judgment requiring the vendor to restore a portion of the consideration, being the number of acres of shortage multiplied by the agreed price per…
1Opinion of the CourtReynolds, P. J.
This suit was instituted to the April, 1917, term of the circuit court of Cape Girardeau County, the petition averring that the defendant and his wife, by general warranty deed, of date March 25, 1916, had conveyed to plaintiff a tract of land described, the description being by metes and bounds, concluding with the statement, “and containing in the aggregate 203.59 acres, more or less. Being the same land acquired by parties of the first part (defendant and wife) by warranty deed dated March 6, 1916, from Edward Howard and wife and recorded in Book 46, page 426, of land records of Cape…
2Cases cited1 opinion
- Ford v. DelphMissouri Court of Appeals · 1920
3Cited by1 opinion
- Zahner v. KlumpSupreme Court of Missouri · 1956