Pennington v. Wynne

Birdsong, Judge.

This is a suit to recover an apportionment of the purchase price in a land sale because of a deficiency in the acreage. The deed called for 150.07 acres, more or less, referring to a plat recorded in Plat Book 4, page 13, Clerk’s Office, Wilkes Superior Court. There was in fact a shortage of 27.51 acres or a deficiency of .1833144% of the entire tract. The case was tried before a jury. After the close of all the evidence, the court granted defendants’ motion for a directed verdict. Held:

1. Appellants’ enumeration of error no. 3 insists that the trial court erred in granting…