Stern v. Benbow

OlaRK, O. J.

Tbe jury found, in response to tbe issues submitted, .that tbe defendant contracted to sell and tbe plaintiff contracted to buy tbe lands referred to in tbe complaint and included in tbe survey set out in tbe complaint; that tbe defendant represented to tbe plaintiff and guaranteed bim that there were 100 acres in tbe tract, and tbe plaintiff, sd believing, was induced to contract to pay therefor $5,850; that, in fact, tbe tract contained only 78 3-100 acres; that tbe plaintiff would not have bought tbe lands if be bad known at tbe time that tbe area was less than 80 acres; that…