Leavitt v. Murray
This text of 1 Wright 707 (Leavitt v. Murray) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The parties in this case reduced their contract to writing, and by that they are bound, unless there was fraud- ■or mistake — there is no pretence of either. The contract shows that the parties did not know exactly the quantity of land — they ■estimated the quantity and agreed upon a certain rent in gross, not by the acre. It was incompetent for the defendant to prove there was a less quantity of land, without showing also an agreement to deduct, if that was found to be the case. The evidence, therefore, ■should have been rejected. The judgment and proceedings since the issue are reversed, and the cause remanded for further proceedings.
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Cite This Page — Counsel Stack
1 Wright 707, 1 Ohio Ch. 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leavitt-v-murray-ohio-1834.