Moonves v. Hill

For an agreed price of $50,000, plaintiffs took from the defendant a deed to a parcel of land in Walden, Vermont. The deed accurately described the boundaries of the land, and stated its quantity as 60 acres more or less. A subsequent survey revealed the actual area conveyed to be 41.7 acres. Plaintiffs then brought a civil action in two counts, one for breach of an alleged contract to convey 80 acres with an adequate water supply, and the second for fraudulent misrepresentation as to acreage. Defendant counterclaimed for the unpaid balance of the purchase price.

Upon trial by court, it was…