McIntyre v. Varner

Carley, Judge.

Appellant McIntyre sold a tract of land in Fannin County to appellees John Varner and Pierre Howard on January 4, 1973. The tract was represented in the sales contract and the accompanying deeds as “containing 122 acres, more or less.” The sales contract also included a provision permitting appellees to have the tract surveyed within 24 months after the date of closing, with appellees to be compensated for any deficiencies in acreage then discovered at the rate of $500 per acre. At closing, appellees paid the sum of $15,000. The balance of the purchase price based upon a sale of…