Harrell v. Hill
Supreme Court of Arkansas
Appeal from the Chancery Court for Pulaski County. Hon. Hulbert F. Fairchtld, Chancellor. 1. By the contract Hill represented the tract in question to contain 180 acres more or less, and upon actual survey there was a deficiency of 84 acres, nearly one-half, and the purchaser is entitled to an abatement in the purchase money to the extent of the deficiency.
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Appeal from the Chancery Court for Pulaski County. Hon. Hulbert F. Fairchtld, Chancellor. 1. By the contract Hill represented the tract in question to contain 180 acres more or less, and upon actual survey there was a deficiency of 84 acres, nearly one-half, and the purchaser is entitled to an abatement in the purchase money to the extent of the deficiency. Hill vs. Buckley, 17 Vescy jr. 394; 1 Sugden 525,526,511; Waters vs. Travis, *9 J. It. 465; 1 Yesey jr. 218; 10 Yesey jr. 315; 1 Bro. Ch. Rep. 140; 2 Bro. Ch. Rep. 118, 326. And this whether the representation was innocently or willfully…
1Opinion of the CourtJustice Hanly
Bill in equity for a fraudulent misrepresentation in the sale of a farm, or tract of land, as to the quantity; an injunction as to the unpaid purchase money, to the value of the deficit, and specific performance in respect to the quantity really existing.
On the 3d February, 1854, the parties entered into a written contract, whereby the defendant agreed to convey to the complainant, a farm in Pulaski county, for the price and consideration of the gross sum of $1,500; part to be paid in cash, and the residue to be paid on the 1st February, 1855; at which time, a deed was to be made. The…
2Cases cited15 opinions
- Harrison v. TalbotCourt of Appeals of Kentucky · 1834
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Morss v. ElmendorfNew York Court of Chancery · 1844
- Nelson v. CarringtonSupreme Court of Virginia · 1815
- Lush v. DruseNew York Supreme Court · 1830
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Boddy v. HenrySupreme Court of Iowa · 1904
- Newman v. KayWest Virginia Supreme Court · 1905
- Brown v. LeMaySupreme Court of Arkansas · 1911
- Enequist v. BemisSupreme Court of Vermont · 1947
- Hill v. JohnsonSupreme Court of Alabama · 1925
14 more not listed; retrieve them via the Exa API.