Hurley v. Lindsay
Hurley v. Lindsay
Opinion of the Court
This is an action to recover damages. It is grounded upon alleged false statements made by - and on behalf of defendants Cordelia Lindsay and her husband as to the number of acres in their farm, in
At the time of the sale in question, Mrs. Lindsay was the separate owner of the land, her husband having no legal interest in the title thereto. They lived upon and cultivated it as a farm. It lies in a compact body, its width being about one-third less than its extreme length. Its north, west, and south boundaries are straight lines, joining at right-angles at the northwest and southwest corners, while its easterly boundary is a county road running in a general northeasterly and southwesterly direction. It is comparatively level, and from near the house and barn one can see all over it, save as to a very small part in a depression where there is a spring. In March, 1917, a real estate agent, who had been authorized by the Lindsays to find a purchaser for the farm, brought the Hurleys there and introduced them to Mr. Lindsay, Mrs. Lindsay not then being there. They were shown over the land by Mr. Lindsay, who, it is admitted, correctly pointed out to them the boundaries of the land. They quite thoroughly looked over the farm, and became well informed as to the location of its boundaries upon the ground. At that time one, and possibly both of the Hurleys, remarked that the tract looked small for twenty acres. They were farmers of many years’ experience. They then went away, expressing themselves as not sufficiently satisfied as yet to purchase the place. About a week later they
“Beginning at the quarter corner between sections fifteen (15) and twenty-two (22) in township three (3) north of range two (2) east of the Willamette Meridian, and running thence south ten and seventy-five hundredths (10.75) chains; thence east eight and thirty hundredths (8.30) chains to the center of the county road; thence in a northeasterly direction along the center of the county road to the north line of said section twenty-two (22); thence west along the north line of said section twenty-two (22) to the point of beginning, containing twenty acres of land, more or less.”
Common repute seems to have indicated at that time that the farm contained twenty acres; but upon a survey of it thereafter, caused to be made by the Lind-says, it was found to contain but fifteen and three-quarter acres.
Before the sale, the place had been listed by the Lindsays with the agent for sale, referring to it in the agency agreement as twenty acres. There is some
Having in mind that, up to the time of entering into negotiations between the Lindsays and the Hurleys looking to a sale of. the place, they were entire' strangers to each other, and were dealing at arm’s
The judgment is affirmed.
Main, Holcomb, Mount, and Fullerton, JJ., concur.
Reference
- Full Case Name
- William Hurley v. Cordelia Lindsay
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Fraud (8, 22)—Purchaser of Land—Deficiency in Acreage-Evidence—Sufficiency. Findings that purchasers were not misled to their prejudice by false representations that a tract of land contained twenty acres, are sustained, where the tract' was in compact form, its boundaries all in view and pointed out, and the purchasers twice inspected the boundaries and expressed doubt as to the area, but finally accepted deed referring to the land as twenty acres more or less, in view of a dispute in the evidence as to the representations made and the rule that the burden was upon them to show the fraud by clear and convincing evidence.