20170701
BY ESTIMATION
1.7.17
BY ESTIMATION, contracts. In sales of land it not unfrequently
occurs that the property is said to contain a certain number of acres,
by estimation, or so many acres, more or less. When these expressions
are used, if the land fall short by a small quantity, the purchaser will
receive no relief. In one case of this kind, the land fell short
two-fifths, and the purchaser received no relief. 2 Freem. 106. Vide 1
Finch, 109 1 Call, R. 301; 6 Binn. Rep. 106 1 Serg. & Pawle, R. 166;
1 Yeates, R. 322 2 John. R. 37 5 John. R. 508; 15 John. R. 471; 1
Caines, R. 493; 3 Mass. Rep. 380; 5 Mass. R.
355; 1 Root: R. 528; 4 Hen. & Munf. 184. The meaning of these words
has never been precisely ascertained by judicial decision. See Sugd.
Vend. 231 to 236; Wolff, Inst. §658 and the cases cited under the
articles Constitution; More or less; Subdivision.
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