Legal Opinion

Tyson v. Hardesty

Court of Appeals of Maryland

Decided June 26, 1868PublishedCited by 19 opinions

Appeal from the Superior Court of Baltimore City, sitting in Equity. An allowance for a deficiency is made according to the difference between the represented and the actual quantity. By what rule can the practical meaning of “about,” and “vary a little,” be determined ? The words ‘ more or less,’ or other equivalent zuords, should be construed to qualify the representation of quantity in such a manner that, if made in good faith, neither party will be entitled to relief.”

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Appeal from the Superior Court of Baltimore City, sitting in Equity. An allowance for a deficiency is made according to the difference between the represented and the actual quantity. By what rule can the practical meaning of “about,” and “vary a little,” be determined ? The words ‘ more or less,’ or other equivalent zuords, should be construed to qualify the representation of quantity in such a manner that, if made in good faith, neither party will be entitled to relief.” Hall v. Mayhew, 15 Md. 559, and cases cited. Are not “about” and “vary a little” “equivalent zuords?” If “more or less”…

1Opinion of the CourtBartol, C. J.

The controversy in this case grows out of a claim made by the appellee, for an abatement in the price of a farm purchased by him from Jesse Tyson and James W. Tyson, executors and devisees in trust, under the will of Isaac Tyson, Jr.; on account of an alleged deficiency in the quantity of land. The sale was made by James W. Tyson, and was evidenced by a contract in writing, dated on the [5th day of September, 1864, and signed by him and the appellee. It is in its terms an agreement “to sell the Wilna Farm, Harford County, Md., to Richard S. Hardesty, for the sum of eleven thousand dollars,…

2Cases cited7 opinions

  1. Jones v. PlaterCourt of Appeals of Maryland · 1844
  2. Hall v. MayhewCourt of Appeals of Maryland · 1860
  3. Slothower v. GordonCourt of Appeals of Maryland · 1865
  4. Stull v. HurttCourt of Appeals of Maryland · 1851
  5. Hunt v. StullHigh Court of Chancery of Maryland · 1849

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3Cited by19 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Baltimore Permanent Building & Land Society v. SmithCourt of Appeals of Maryland · 1880
  3. Carozza v. Peacock Land Corp.Court of Appeals of Maryland · 1963
  4. Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
  5. Brodsky v. HullCourt of Appeals of Maryland · 1950

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