163 Ga. 505 | Ga. | 1927
(After stating the foregoing facts.) The Civil Code (1910), § 4122, provides: “In a sale of lands, if the purchase is per acre, a deficiency in the number of acres may be apportioned in the price. If the sale is by the tract or entire body, a deficiency in the quantity sold can not be apportioned. If the quantity is specified as ‘more or less/ this qualification will cover any deficiency not so gross as to justify the suspicion of willful deception, or mistake amounting to fraud; in this event the deficiency is apportionable; the purchaser may demand a rescission of the sale or an apportionment of the price according to relative value.” It will be seen that this section of the code provides that “if the sale is by the tract or entire body, a deficiency in the quantity sold can not be apportioned.” In the present case the description of the land is by metes and bounds, as follows: “Beginning at a point on the south side of Merritts Avenue, one hun
Judgment reversed.