Suchan v. Rutherford

*292TAYLOR, Justice.

In August, 1964, one George Baxter, a real estate agent, interested plaintiffs (appellants) in the purchase of 80 acres of farm land owned by defendants (respondents). August 25, 1964, plaintiffs, with Baxter, drove through the west 40 acres on an inspection tour of the property. Plaintiff Suchan testified that on this occasion he asked Baxter, “How much rock is there?” and that Baxter replied, “There is no rock. That’s one of the best 40’s in the country.” He also testified that he did not make inquiry as to the existence of rock upon the east 40; that he saw irrigation…