28 Tenn. App. 451 - Acuff v. Allen’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he rule is that, where it clearly appears that the sale was made in gross, and not by the acre, and the purchaser not only had every opportunity afforded him to ascertain and satisfy himself definitely as to the extent and location and quantity and boundaries of the lands purchased, but actually did so, going personally upon the property and view ing it from every angle, he has no right to recover for a deficiency, unless actual fraud is proven, or the circumstances and the deficiency are such as to raise a presumption of fraud. The expression frequently used in this connection, “so great as to shock the conscience of the court,” occurs always in direct association with the suggestion of a presumption of fraud. In other words, relief will be granted where a deficiency is so great as to shock the conscience of the court because a presumption of fraud must thereupon arise.”

   3 later decisions quote this exact passage
   e.g. 63 Tenn. App. 627 - Evins v. Price · Faithful v. Gardner

2. ““When the sale is by the acre or specified quantity, so that the quantity or number of acres specified is of the essence of the contract, the purchaser, although there is no covenant to that effect, but especially if there is, is generally entitled to an abatement of the purchase price for a deficiency in the quantity intended to be sold, although the description of the quantity is qualified to indicate that there might be more or less land than the quantity stated. However, in the latter case, no abatement will be allowed for a slight deficiency or variance which is fairly imputable to errors in survey or measurement, even if the sale is strictly by the acre and the purchaser is as familiar with the land as the vendor, and facts show that the contract would have been consummated if the shortage had been known in advance. If the purchaser gets all the land he is entitled to by a conveyance according to long established division fences, he is not entitled to a reduction because an actual survey shows a boundary which includes less land than the boundary fixed by the old division fences.” (Emphasis supplied.) Vol. 92 C.J.S. Vendor & Purchaser § 266(1), pp. 135, 136.”

   1 later decision quote this exact passage
   e.g. Delforge v. McMurtry