MILLS v. BROWN


568 S.W.2d 100 (1978)

William B. MILLS and wife, Barbara Mills, Petitioners-Plaintiffs, v. Oliver L. BROWN and wife, Joan H. Brown, Respondents-Defendants, v. Robert F. TALLENT and wife, Sue L. Tallent, Respondents-Third-Party Defendants.

Supreme Court of Tennessee.

July 10, 1978.


Attorney(s) appearing for the Case

John B. Hagler, Jr., Cleveland, for petitioners-plaintiffs.

Allen H. Carter, Carter & Reid, Athens, for respondents-defendants.

Edwin C. Harris, Eugene Pennington, Madisonville, for respondents-third-party defendants.


OPINION

HARBISON, Justice.

This is an action for damages brought by the purchasers of real property, alleging a deficiency in the number of acres purchased. Their vendors in turn sued the persons from whom they had purchased it, claiming a somewhat larger deficiency.

The facts of the case were stipulated. All parties agreed that both sales in issue were by the acre, and not by the tract, or in gross. Prior to trial the original plaintiffs sold the...

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