The following excerpt is from Mills v. Kampfe, 202 N.Y. 46, 94 N.E. 1072 (N.Y. 1911):
The learned judge cited with approval from Hill v. Buckley, 17 Ves. 394, where it is said: When a misrepresentation is made as to quantity, though innocently, I apprehend the right of the purchaser to be to have what the vendor can give, with an abatement out of the purchase money for so much as the quantity falls short of the representation. * * * That is the rule generally; as, though the land is neither bought nor sold professedly by the acre, the presumption is that in fixing the price regard was had on both sides to the quantity which both suppose the estate to consist of.
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