Savannah morning news. [volume] (Savannah) 1868-1887, 1883-02-08

Wylly ct al. VS.. GaZan. Complaint, from
City Court of Savannah. Administra-
tors and executors. Evidence. Charge
of court. Vendor and purchaser. Fraud.
Contracts.
HALL, j.
l. Where one who purchased at an eX-
ecutOr's sale, under an advertisement
which described the land sold as the
eastern half or three-quarters" of GER
tain named lot, containing ''fOrty-tive by
ninety feet, more or less" refused to COM
ply with his bid, and after a second sale
was sued for the difference between his
bid and what the property brought, in
support of defense that he had been mis-
led as to the quantity of land purchased
(the lot sold lacking eight or nine
front feet of being three-fOurths of the
lot named J, it was not competent to show
the opinion Of witnesses as to whether the
words 'mOre or less" would include a de-
ficiency OF eight or nine feet in city lot,
or would Justify a refusal to comply with
the bid made at a sale under such an adj
Yertisement, This issue was to be settled
by the jury under the facts and circum-
stances of the case, and not determined
for them by the opinions of witnesses,
Ca, 173; % Id. 210; 36 Id, Ga, Il: AZ Id.
SAT: 50 Id, 175; So Id, 107.
(a). This issue neither involved ques-
tions of skill, science, trade or other like
questions on which opinions of experts
could be taken, nor was it an issue proper
to be illustrated by evidence OF opinions
and belief. Code, ss3S67, 1868.
,. A charge should not be given on an
assumed statement of facts, but should
be based on the facts in evidence. Nor
should charge call attention to certain
facts relating to an issue to be decided,
and leave altogether out of view other
material facts relating to that issue.
(a). An order allowing executors to
sell realty described the land as being the
east half of lot number eight in Vernon
Tything and Heathcote ward, in the city
of Savannah, with the improvements and
buildings thereon, The advertisement
referred to this authority to sell, described
the property as '.the eastern half or three
quarters" of lot eight, containing forty
five by ninety feet, more or less, and
stated the location and number of rooms
of two buildings situated on the lot. The
land was enclosed, and had been so for
forty years..
Held, thatthe advertisement was suffi-
cient to have put an ordinarily prudent
man ON inquiry as to the size of the lot,
and such inquiry would readily have
brought the facts to light.
3. Although a charge may be correct as
an abstract principle, yet if it is not ap-
calculated to mislead the jury by giving
undue prominence to certain facts and
withdrawing their consideration from
other material facts, it amounts to an
error, and will cause new trial, q Ga,
IA.
4. A charge not authorized by the evil
dence should not be given.
5. If land is sold by the entire tract or
lot, and the quantity is specified as ''more
or less" this qualification will cover any
deficiency not so gross as to justify the
suspicion of willful deception, or mistake
amounting to fraud. Nor is this principle
affected by the existence of legal fraud as
defined by the Code. Code, s2642; 90 Ga,
61S.
(a.) If purchaser has equal opportu-
mites with his vendor fol discovering the
contents of lot sold, he is bound to avail
himself of those opportunities. If he fails
to do so, and on account Of his own gross
negligence he is injured, relief viii not be