Joseph v. Baker
Supreme Court of Arkansas
Appeal from Benton Circuit Court; /. S. Maples, Judge; The words “more or less” in a deed can only be considered as intended to cover inconsiderable differences. 19 Ark. 109. And when the quantity is misrepresented, though innocently, the purchaser should recover the shortage. 61 Ark. 120; 19 Ark. 109. Parol evidence is not admissible to explain, modify or alter the deed. 21 W. Va. 632; Id. 326; 67 N. Y. 338. Small shortages only are covered by the words “more or less.” 67…
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Appeal from Benton Circuit Court; /. S. Maples, Judge; The words “more or less” in a deed can only be considered as intended to cover inconsiderable differences. 19 Ark. 109. And when the quantity is misrepresented, though innocently, the purchaser should recover the shortage. 61 Ark. 120; 19 Ark. 109. Parol evidence is not admissible to explain, modify or alter the deed. 21 W. Va. 632; Id. 326; 67 N. Y. 338. Small shortages only are covered by the words “more or less.” 67 Am. Dec. 120; 51 Id. 244; 24 Tex. 245; 76 Am. Dec. 109; 38 Id. 514; 69 Tex. 293; 52 S. W. 1074; 103 Tenn. 358; 47 L. R.…
1Opinion of the CourtFrauenthal, J.
This was an action of deceit .brought by A. H. Joseph, the plaintiff below, against J. W. Baker to recover damages for fraud inducing him to make a contract for the purchase of certain land from the defendant. The defendant sold to the plaintiff certain land in Benton County, Arkansas, in consideration of a stock of goods owned by the ■ plaintiff at Carbondale, 111. The land was sold in gross, and the deed of conveyance executed by the defendant gave a particular description of the land by metes and bounds, with the words added: “containing in all 198 acres, more or less.” In his complaint…
2Cases cited10 opinions
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Thompson v. LibbySupreme Court of Minnesota · 1886
- Matlock v. ReppySupreme Court of Arkansas · 1886
- Wheeler v. BoydTexas Supreme Court · 1887
- Wilson v. . RandallNew York Court of Appeals · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. LeMaySupreme Court of Arkansas · 1911
- Hamburg Bank v. JonesSupreme Court of Arkansas · 1941
- Gilbertson v. ClarkSupreme Court of Arkansas · 1928
- Leonard v. WoodSupreme Court of Arkansas · 1961
- La Vasque v. BeesonSupreme Court of Arkansas · 1924
2 more not listed; retrieve them via the Exa API.