Asibem Assoc., Ltd. v. Rill

In 1967, Asibem Associates, Ltd., purchased for a consideration ultimately fixed at $25,000 what it believed to be some 47 acres of farmland in Carroll County from Clarence Leonard Rill and his wife, Mabel Mae Rill. Nearly three years later, when it discovered that the metes and bounds description in the deed from the Rills contained some 10 acres to which the Rills did not have title, Asibem brought suit, seeking to recover $5,000, that portion of the total purchase price which Asibem attributed to the 10 acre tract. The court below granted Asibem’s motion for summary judgment as to…