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By the Court. If in a contract in writing to sell land the tract is described as containing “ about one hundred and forty acres,” the import of the qualifying word “about,” is simply, that the actual quantity is a near approximation
*342 to that mentioned. When there is found to be a material and valuable variation, a court of equity upon a petition for specific performance will give the word its proper effect. In this case, the county surveyor, upon actual measurement, found one hundred and thirty-four and seventy-four hundredths acres in the tract. It was of the value of about fifty-five dollars per acre.Judgment reversed.
Document Info
Citation Numbers: 40 Ohio St. (N.S.) 341
Filed Date: 1/15/1883
Precedential Status: Precedential
Modified Date: 10/17/2022