Title 44, Chapter 5, Section 35
( 44-5-35)
In a sale of lands, if the purchase is per acre, a deficiency in the
number of acres may be apportioned in the price. If the sale is by
the tract or the entire body, a deficiency in the quantity sold
cannot be apportioned. If the sale is by a quantity of acres with
the qualification "more or less" added, any deficiency is not
apportionable unless the deficiency is so great as to constitute a
willful deception or mistake amounting to fraud. In this event, the
purchaser may demand a rescission of the sale or an apportionment of
the purchase price. |