Public-domain · open source
OpenJurist

1 Thompson 141

Graves v. Hyatt

Tennessee Supreme Court

Decided September 15, 1858

Tennessee Supreme Court · decided 1858-09-15

<p>RECESSION OF CONTRACT — Mis-description.</p> <p>The mere clerical error in the number of a lot sold, by which no one is mislead, and where the description is otherwise certain, will not afford ground for releasing the purchaser from his contract; but it is proper for a Court of Chancery on the proper application, to correct the error.</p>

Decided 1858-09-15

McKinney, J.,

¶1delivered the opinion of the court:

¶2There is no ground shown for discharging the petitioner from his purchase. The mere clerical error in the number of the lot sold is of' no importance. The *142lot. actually sold and purchased by the petitioner was the same lot intended to be sold. The purchaser got the property he intended to purchase. The error in the number of the lot misled no one. It might well have been rejected as surplusage, as the description of the lot was sufficiently ^ certain without it. Though in correcting the error in this respect by a subsequent order, the Chancellor acted properly.

¶3Decree affirmed.

/1/thompson/141 · .json · Public domain