Oualline v. Champion Paper & Fibre Co.

COE, Chief Justice.

This is an appeal from the judgment of the district court of Montgomery County awarding appellee judgment for restitution of a part of the consideration paid for a tract of land found to be short in acreage, based upon the ground of a mutual mistake between the parties.

Appellee alleged that on September 10, 1937 appellants executed and delivered to appellee a deed conveying two tracts of land, the first tract thought to contain 639 acres, the second tract was supposed to contain 34.7 acres; that out of the first tract of 639 acres there was excepted 54 acres-owned by other…