Page v. Hogan

Opinion op the Court by

Chiep Justice Hobson — ■

Affirming.

On October 6, 1908, J. J. Hogan sold and conveyed to Walter S. Page a tract of land, as shown by the deed, of 98% acres for $5,500, the sale being in gross. On December 18, 1911, Walter S. Page brought this suit against Hogan alleging that there was a deficiency of ten acres in the tract, and praying judgment against him for $538.50, the amount which ten acres would come to at the contract price. Hogan by his answer denied that there was a deficiency of the amount alleged; proof was taken. According to one survey the tract contained 90%…