Woods v. Mason

Motion for appeal from a judgment of the ■ Calloway Circuit' Court dismissing a petition which sought damages as • the result-of a ten foot shortage in- the description in >a general warranty deed conveying a city lot.

' The trial court held that the sale was in gross, not by the acre, and no damages should be allowed for the discrepancy. We believe this conclusion was correct.

Appellant contends, however — even though the sale was in gross — where the error amounts to ten per cent or more and if the purchaser had known that truth prior to the sale he would not have completed the transaction,…