137 Iowa 378 | Iowa | 1908
The parties hereto entered into a contract, by the terms of which defendants agreed to convey to plaintiffs three quarter sections of land in Sully county, S. D., and pay them $1,250, in consideration for which plaintiffs undertook to deed to defendants the W. % S. E. % S. W. section 8, township 77 N., range 6 W. of fifth P. M., in Washington county. This was on October 17, 1904. Since then defendants have disposed of one of the quarter sections in South Dakota, but the testimony that its market value was $8 per acre is undisputed.
In view of the trial court’s superior opportunities of weighing the evidence given orally, we are not inclined to interfere with its finding that plaintiff represented that there were twenty-one acres in the tract when there were but twenty acres. Such a difference was substantial (Rathke v. Tyler, 136 Iowa, 284), and the contract should not be specifically enforced.— Affirmed.