PENNINGTON v. WYNNE

56784.

149 Ga. App. 151 (1979)

253 S.E.2d 830

PENNINGTON et al. v. WYNNE et al.

Court of Appeals of Georgia.

Decided February 23, 1979.


Attorney(s) appearing for the Case

Lambert & Carter, E. R. Lambert, James E. Carter, for appellants.

Jean W. Pierce, for appellees.


BIRDSONG, Judge.

This is a suit to recover an apportionment of the purchase price in a land sale because of a deficiency in the acreage. The deed called for 150.07 acres, more or less, referring to a plat recorded in Plat Book 4, page 13, Clerk's Office, Wilkes Superior Court. There was in fact a shortage of 27.51 acres or a deficiency of 1833144% of the entire tract. The case was tried before a jury. After the close of all the evidence, the court granted defendants...

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