Buckman v. . Bragaw

It was conceded that tbe plaintiffs cannot recover upon a breach of warranty.

Tbe question therefore presented for solution is whether or not a purchaser at a trustee’s sale of land under a deed of trust or a mortgage, can recover for a shortage of land in the absence of any representation made by the seller except such as may be contained in the advertisement or the deed of the trustee or mortgagee.

In Smathers v. Gilmer, 126 N. C., p. 759, the principles of law governing such eases are thus expressed: “The plaintiff had two opportunities for protection: 1. A simple calculation, according to…