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BY ESTIMATION
(bouvier) | BY ESTIMATION, contracts. In sales of land it not unfrequently occurs that
the property is said to contain a certain number of acres, by estimation, or
so many acres, more or less. When these expressions are used, if the land
fall short by a small quantity, the purchaser will receive no relief. In one
case of this kind, the land fell short two-fifths, and the purchaser
received no relief. 2 Freem. 106. Vide 1 Finch, 109 1 Call, R. 301; 6 Binn.
Rep. 106 1 Serg. & Pawle, R. 166; 1 Yeates, R. 322 2 John. R. 37 5 John. R.
508; 15 John. R. 471; 1 Caines, R. 493; 3 Mass. Rep. 380; 5 Mass. R. 355; 1
Root: R. 528; 4 Hen. & Munf. 184. The meaning of these words has never been
precisely ascertained by judicial decision. See Sugd. Vend. 231 to 236;
Wolff, Inst. Sec. 658 and the cases cited under the articles Constitution;
More or less; Subdivision.
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