Legal Opinion · Dissent

Leonard v. Wood

Supreme Court of Arkansas

Decided June 5, 1961No. 5-2376Published

1DissentEd. F. McFaddin, Associate Justice

The majority opinion has copied the opinion of the learned Chancellor and then cited some cases to sustain this statement in the majority opinion: ‘ ‘ When the vendor conveys for a specified price a tract of land which is described by metes and bounds or otherwise, with the words added containing a specified number of acres, more or less, this upon the face of the contract is a contract not by the acre but in gross, and does not by implication warrant the quantity. In such event, should there be a deficiency in the quantity, the right of relief for such deficiency is founded upon fraud,…

2Cases cited7 opinions

  1. Hirschman v. ForehandSupreme Court of Arkansas · 1914
  2. Vaughan v. ButterfieldSupreme Court of Arkansas · 1908
  3. Osborne v. FairleySupreme Court of Arkansas · 1919
  4. Sebold v. WilliamsonSupreme Court of Arkansas · 1942
  5. Hawkins v. LambSupreme Court of Arkansas · 1946

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