Hohertz v. Durham

Appellant brought this suit for rescission of an executed contract for the exchange of lands; his original petition having been filed on the 12th day of June, 1919. Subsequently he filed an amendment, seeking rescission in one count, and in the alternative for damages on account of deficiency in acreage of the land conveyed to him. The date of the deed is August 24, 1912.

In the amended petition appellant alleged that he purchased from appellee 336 acres of land in Hamilton county, Tex., in a sale by the acre, at the agreed price of $35 per acre, and that the tract was represented by appellant…