¶1The 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.
1 Wright 707
Leavitt v. Murray
Decided August 15, 1834
Ohio Supreme Court · decided 1834-08-15
Ereor to the Common Pleas. Leavitt brought assumpsit in the court below upon a written lease without seal. Issue was taken on non assumpsit, with a notice of setoff. On trial, the plaintiff read the lease in evidence, which was for a piece of ground estimated to contain ten acres at $50, and proved that the defendant entered into the premises and enjoyed them. The defendant then offered to prove that the quantity of land in the tract was less than ten acres.
Decided 1834-08-15