2 Day 128 | Conn. | 1805
unanimously, the judgment was reversed.
The questions are, was the declaration sufficient, and the issue material ?
Whether lands be five, or five hundred miles from the purchaser’s residence, does not vary the requisition of clue diligence, though it may the expense of complying with it. Land is not like a ship at sea ; it has a known location, and can be approached. And even should it be necessary to purchase land unseen, which can scarcely happen in a provident course of business, covenants may be inserted respecting quality, as well as seisin, or title.
As there must be a reversal upon this point, which makes an end of the case, it is not necessary to unravel lengthy and intricate pleadings to get at the other.