Lichtenthaler v. Clow

The following was the instruction given by the court:

“I instruct you if you find that the plaintiff is entitled to recover, the measure of damages would be such proportion of the purchase price, which in this case would be six thousand dollars, as the deficiency bears to the represented area. In other words, the measure of damages is the amount paid for the deficiency, irrespective of the real value of the tract actually conveyed.”

The bill of exceptions is in the short form, and, although brief, it contains all the evidence necessary for presenting the question as to whether or not the…