More Ob Less

The addition of these or like qualifying words provides against accidental variations arising from slight and unimportant excesses or deficiencies in number, measure, or weight. 2 They qualify a statement of an absolute and definite amount, so that neither party to a contract can avoid it by reason of a deficienc.y or surplus occasioned by no fraud or want of good faith, if there is a reasonable approximation to the quantity named. They create " an absolute contract for a specific quantity within a reasonable limit." ^ Where land is sold at a fixed price per acre, and the vendor misrepresents the number of acres, the vendee is entitled to an abatement on the purchase price, though the deed contains the phrase "more or less." * Where a person purchased at a judicial sale, held to pay the debts of a decedent, one hundred and twentyeight acres of land in a tract supposed to contain forty acres, his heirs may recover the excess or enforce payment therefor." See About; Description, 1; Estimate; Lex, De minimis, etc.