More Or Lebs

Words, in a conveyance of lands or contract to convey lands, importing that the quantity is uncertain and not warranted, and that no right of either party undpr the contract shall be affected by a deficiency or excess in the quantity. 17 Ves. 394. So in contracts ef sale generally; 2 B. & Ad. 106. These words added to a specification of quantity in a conveyance show it to be a mere estimate, and by necessary inference subordinates the quantity to fixed calls or monuments; Borkenhagen v. Vianden, 82 Wis. 206, 52 N. W. 260. In case of an executory contract, equity will enforce specific performance without changing the price, if the excess or deficiency is very small; 17 Ves. 394; Phipps V. Tarpley, 24 Miss. 597; Lawrence v. Slmonton, 13 Tex. 223; but not if the excess or deficiency is great, even though the price reserved be per acre. In 2 B. & Ad. 1()6, it was held that an excess of fifty quarters over three- hundred quarters of grain was hot covered by the words “three hundred mor^ or less,” if it was not shown that so large an excess was in contemplation; 1 Esp. 229. See Libby v. Dickey, 85 Me. 362, 27 Atl. 253. But a deed adding the words more or less to a description of the property is not a sufficient fulfilment of a contract to convey the described property, when'more or less was not in such original contract, if there is an actual deficiency. But after such a conveyance is made and a note given for the purchase-money, the note cannot be defended against on the ground of deficiency; Hough tallng v. Lewis, 10 Johns. (N. Y.) 297. These words more or less have been held to cover a deficiency of 10 acres where the deed called for 96 acres; Faure v. Martin, 7 N. Y. 210, 67 Am. Dec. 615; a deficiency of 64 acres in a deed calling for 451 acres; King V. Brown, 64 Ind. 368; 50 feet from 220, where the true dimension was on record, in a purchase in gross; Noble v. Googins, 99 Mass. 231. In ease of an executed contract, equity will not disturb it, unless there be a great deficiency; 2 Russ. 570; Thomas v. Perry, 1 Pet. C. C. 49, Fed. Cas. No. 13,908; or excess: Mann v. Pearson, 2 Johns. (N. Y.) 37; 1 V. & B. 375; or actual misrepresentation without fraud, and there be a material excess or deficiency; Belknap v. Sealey, 14 N. Y. 143, 67 Am. Dec. 120; see 11 Q. B. Div. 255. Eighty-five feet, more or less, means eighty-five feet, unless the deed- or situation of the land in some way controls it; Blaney v. Rice, 20 Pick. (Mass.) 62, 32 Am. Dec. 204. The words more or less will not cover a distinct lot; Mc Clune v. Hull, 24 Mo. 574. See Construction; About. The purchaser is not precluded by a rfr cital of “more or less” in the deed from temporaneoas with l^e execution of the deed, making the transaction a sale by the acre; Franco-Texan Land Co. v. Simpson, 1 Tex. Civ. App. 600, 20 S. W. 953. See Bt Estimation.