Saxby v. Southern Land Co.
Virginia Supreme Court of Appeals
63 S.E. 423 (Va. 1909)
The seller of a farm (defendant) told the prospective buyer (plaintiff) that the farm contained about 150 acres of pine timber, about 20 of which had burned. In actuality, the farm contained 120 acres of timber, 60 of which had burned. The seller also estimated that the timber would sell for $4 per cord and that the farm would yield 100 bushels of potatoes per acre. Neither of these estimates came to fruition, as the timber brought in less money per cord and the farm did not yield that many potatoes. The plaintiff brought suit for fraudulent misrepresentation. The trial court dismissed the claim. The plaintiff appealed.
Rule of Law
Holding and Reasoning (Harrison, J.)
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