J. Buckner Morse v. Leroy Johnson

This case, originating as an action for damages for an acreage deficiency in a land sale, came to this Court by way of transfer (Rule 83.03) after an opinion in the Court of Appeals, Eastern District, which reversed and remanded the cause for a new trial. Now here, the cause is decided as though on original appeal. Mo. Const. art. V, § 10. Respondents bought a parcel of land from appellants early in 1973. Initially, the land was represented by a real estate agent as containing about 182 acres with a price of $36,000. Respondents agreed to and executed a sales contract for the land as represented. Thereafter, Norris Fridley of Norris Fridley Real Estate, Inc., also appellants herein, contacted respondents regarding his concern about the precise amount of acreage involved and suggested that the land be surveyed. Appellant Fridley called respondents the next day to say that pursuant to a survey and aerial photos given to him, it had been concluded that the plat contained 162 acres plus or minus. After further Discussion, Mr. Morse told Fridley to proceed with the sale but proposed a reduction in the total price. An offer of $33,000 was arrived at by Morse and Fridley, and the sellers agreed to the new price.