Jones v. Plater

Upon a contract to sell a part of a tract of land called G. Manor, supposed to contain 988 1-2 acres, more or less., at fche price of nine dollars per acre, the parties intended that the number of acres should bo fixed by the contract, and nGt by subsequent measurement. Unless the words more or less lead to such a conclusion, they are useless and insensible; made in good faith, they qualify the representation of quantity. A contract must be interpreted by its terms. When a tract of land is sold, supposed to contain 998 1-2 acres, more or less* the number of acres is not of the essence of the contrajpt; and a deficiency of 55 acres in such a case, is not of such a character as to induce belief of fraud or mistake.

Appeal from the Court of Chancery. The bill was filed by the appellee on the 9th October 1832, and alleged that John R. Plater, on the 30th November 1817, sold to a certain John Darnall, a part of a tract of land called “Great Elkton Head Manor,” containing 988| acres, more or less, at and for the sum of 9 per acre, as per exhibit A. That J. D. paid a part of the purchase money, and died. The appellants were his personal representatives. The bill prayed a discovery of the assets of DarnalVs estate, and payment of a balance oí purchase money, after an account had between the representatives of the parties to the original contract, and in case of deficiency of personal assets, a sale of the land, the equitable title to which had descended to various minors and femes covert. Exhibit A — Filed with the Bill. This agreement and covenant between John Rousby Plater, of, &c., on the one part, and John Darnall, of &c., of the other: witnesseth, that the said John R. Plater sells to the said John Darnall, a part of a tract of land called Great Elkton Head, Manor, including the mill seat and mill, supposed to contain nine hundred and ninety-eight and a half acres, more or less, at the price of nine dollars per acre. The said Darnall binds himself to make the following payments on the-1st January 1817, the sum of $2,000; and the balance of the purchase money in two equal annual payments, from the 1st January 1817, with the legal interest annually on the whole balance unpaid, and the aforesaid J. R. Plater obliges himself to convey in fee to the said John Darnall, on the payments being completed, each party having a copy of this bargain and agreement, dated this 30th day of November 1816. J. R. Plater, John Darnall. After the bill had been taken pro confesso, under an order of publication against some of the defendants, the answers of the infant defendants taken by guardian, others of the defendants answered the bill and admitted the contract of 1817, and alleged that a resurvey of the land wms made by and with the consent of J. R. P., about the 1st April 1829, by which it appeared the land contained 943, instead of 988J acres. The defendants claimed a reduction in price for 55|- acres, at $9 per acre, and controverted the state of the accounts as mentioned in the bill of complaint, denying insufficiency of assets to pay the sum really due, but admitted there was nothing beyond that sum. A commission was then issued, proof taken, and the cause referred to the auditor, who stated an account showing $2,355. 23 due the complainants, on the basis of a sale of 989-|- acres at $9. It was agreed that the only question to be presented to the Chancellor was, whether the defendants were to be charged with the quantity of 998-| acres, at the price of $9, as claimed by the plaintiff, or with 943 acres as alleged by the defendant. On the 2nd March 1843, the Chancellor (Bland,) affirmed the auditor’s report, and decreed, that unless the sum due should be paid by, &c., the land should be sold for the purpose of paying the complainant. From this decree the defendant appealed.