Jack v. McConkey

<p>Abstract of the Decision.</p> <p>1. Vendor and purchaser, § 39*—when vendor must point out boundaries correctly. When a vendor undertakes to point out the boundaries of 'land to a "purchaser he is obliged to point them out correctly.</p> <p>2. Vendor and purchaser, § 42*—when purchaser entitled to damages for misrepresentations by vendor. A purchaser relying upon representations of his vendor as to the boundaries of the land purchased is entitled to damages for misrepresentations by the vendor.</p> <p>3. Exchange of property, § 8*—what is measure of damages where exchanged property is not as represented. The measure of damages where there is an exchange of property and the property is not as represented and the representation was relied upon is the difference between the actual value of the land and what would have been its value if it had been as represented.</p> <p>4. Vendor and purchaser, § 127*—when purchaser may not. complain that title is not merchantable. A party who has' accepted a conveyance of land 60 years subsequently to the making of certain deeds claimed to be imperfect because not joined in by the wives of the grantors, and has taken possession of the land, may not be heard to complain that he has not a merchantable title and must rely upon the covenants of his deed.</p> <p>5. Costs, § 4*—when half of costs properly taxed against cross complainant. Where a cross complainant failed in several of his contentions on which much evidence was taken, held on decree in his favor generally, that there was no error in the court’s ruling that he should pay one-half of the costs, as, in chancery, costs are in the judicial discretion of the court.</p> <p>6. Appeal and error, § 1712*—necessity of pointing out and arguing errors. The Appellate Court should not search the record for errors not pointed out or argued by counsel.</p>